The Defense You Deserve Against Repeat DUI Charges
Florida law takes a harsh stance on DUIs, especially repeat offenses. If you find yourself facing a second, third or subsequent DUI charge, you’re facing more severe penalties that will impact your life in a big way. A conviction can deprive you of your freedom, driving privileges, job opportunities and more. Now is not the time to skimp on a strong defense.
Attorney Steven Wetter, a Fort Myers defense lawyer with more than two decades of experience, understands the intricacies of DUI cases. As a former prosecutor, he has seen firsthand how law enforcement conducts investigations. He is keenly aware of the common errors and oversteps that can occur when the state pursues DUI charges.
You can count on Steve to aggressively defend your rights in the face of repeat DUI allegations. He also handles felony DUIs involving serious injuries or death.
Critical Steps After A Subsequent DUI Arrest
When facing a repeat DUI arrest, the first 24 hours are crucial. Immediately contact an attorney before speaking with law enforcement – what you say carries more weight as a repeat offender. Unlike first offenses, subsequent DUI arrests often trigger automatic license suspension procedures that move quickly.
Avoid discussing your case with anyone except your attorney, as prosecutors scrutinize repeat offenders more closely. Never consent to additional testing beyond what is legally required. Also, document everything about your arrest – from officer conduct to testing procedures.
For repeat offenders, the timeline accelerates. Within 10 days, you will face a DMV hearing to contest automatic license suspension. Within 30 days, you have your arraignment, where enhanced charges are formally presented. Court dates follow more rapidly, with judges less inclined to grant continuances for those with prior DUIs.
Enhanced Penalties For Repeat DUI Offenders
Second DUI offenses within five years carry mandatory 10-day jail sentences, fines from $1,000 to $2,000 and one-year license revocation with no hardship license for the first year. Third offenses within 10 years attract 30-day minimum jail terms, fines up to $5,000 and 10-year license revocation.
Fourth and subsequent offenses are always charged as felonies regardless of timing, potentially resulting in up to five years in prison, $5,000-plus in fines and permanent license revocation.
Florida’s “look-back period” varies by penalty – five years for some enhanced penalties, 10 years for others and no limit when determining whether to charge as a felony. Additionally, all repeat offenders must install ignition interlock devices at their own expense, complete enhanced DUI education programs and serve longer probation terms.
Defense Strategies For Multiple DUI Charges
Previous convictions significantly alter defense approaches. Steven scrutinizes those prior cases for procedural errors that might prevent them from counting against you. He challenges breath test calibration and maintenance records for current charges, which are particularly important since machines often show deterioration over time.
Blood test results can be contested through chain of custody challenges and independent sample testing. He also investigates whether officers followed strict protocols for field sobriety tests, as repeat offenders face heightened scrutiny.
Many judges consider alternative sentencing options, such as comprehensive treatment programs, when presented properly. With extensive prosecutor experience, attorney Steven Wetter identifies weaknesses in the state’s evidence that others might miss, creating opportunities to negotiate reduced charges even in repeat offense scenarios.
The High Stakes Of Repeat DUIs
In Florida, the potential consequences for repeat DUI offenses include:
- Second offense: Heavier fines, longer license suspension and possible jail time
- Third offense: Classified as a felony DUI with substantial fines, mandatory jail sentence and license revocation for 10-plus years
- Fourth and subsequent offenses: Felony charges with exorbitant fines, significant mandatory prison time and lifetime loss of your driver’s license
The exact penalties depend on how long ago your priors occurred. A prior within the last five years will result in harsher penalties.
Defense Strategies For Repeat DUI Charges
There are many possible angles for challenging a repeat DUI charge, including:
- Challenging the legality of the traffic stop
- Disputing the accuracy of blood/breath test results
- Questioning the field sobriety test procedures and results
- Undermining the evidence to cast reasonable doubt on the prosecution’s arguments
Every case has unique elements, and sometimes, negotiating a favorable plea bargain is the best route. Steve is a skilled negotiator who knows how to successfully argue for reduced charges.
However, if your case goes to trial, you want a formidable trial lawyer like Steven by your side. His extensive trial experience speaks for itself, with more than 200 jury trials under his belt.
Take Action With A Trusted DWI Defense Lawyer
Criminal charges can make you feel powerless, but you can take control by getting help from Steven Wetter. His experience as a lawyer handling repeat DUI offenses can be to your advantage. Connect with Steven today at 239-347-9133 and take the first step toward taking your life back.