The consequences and range of punishment for a repeat DUI case are harsh. Depending on the specific facts of your case, you might lose your right to drive permanently or spend a significant amount of time in jail. So, it becomes critical to determine how a case is considered subsequent. Surely there is some time frame within which the slate is wiped clean, and you no longer face the possibility that a new DUI charge will be put you in the repeat offender category, right?
The period of time in between cases is referred to as the look back period. This time frame is how long an offense will stay on your record so that any repeat action is considered a subsequent action, which triggers heightened levels of punishment. For DUI’s in Florida, the following time periods apply:
- If your second case occurs 5 years or longer from your first case, it will not be considered a subsequent offense.
- If a third DUI case happens more than 10 years from your second case, there is no classification that the offense is a subsequent case.
Knowing these applicable time frames becomes helpful when you are defending subsequent cases. Calculating the time in between cases can be tricky, and must be done accurately so you can avoid facing strict penalties. A qualified DUI attorney will help you by reviewing prior cases, determining whether those prior cases impact your current case, and then develop a strategy that works for you.
If are facing a subsequent DUI charge and wonder if you should be treated as a repeat offender, call our office to learn your options. Schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free initial consultation.