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Blog · October 28, 2014

DUI / Driving Under the Influence / Repeat Offender / 3rd DUI / Multiple DUIs / Felony DUI / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:     Bf in jail for 3rd dui in past 5 yrs 1st one dropped to reckless,2nd one dismissed ,this one can they turn into a felony?  They are offering him a yr or take it to trial and he doesn’t know what to do,need help.


A:     

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Michael Adam Haber

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Answered .  To make a 3rd a felony the 1st 2 have to be DUI convictions. DMV, however, can (and will) slam him independent of the court proceedings. For this, and other reasons (namely that he faces anywhere from 6 – 12 months in jail – I can’t be sure from your question as a 1st DUI only has a 6 month exposure, your question suggests that this is a 1st yet he is being offered 12 months which suggests that there’s more to it – perhaps a DWLS Knowingly, a 2nd subsequent refusal or some other aggravating factor) he needs an experienced Sarasota area criminal defense lawyer working for him yesterday.

While Avvo (and similar sites) are wonderful sources of generic information it is critical to bear in mind that each case, and each Defendant, is /are different, and as every case is also a fluid experience, there is only so much that any lawyer can tell you about your case on-line; in short there is no substitute for an in person face-to-face consultation. Although I practice primarily in Miami-Dade County please feel free to contact my office for a referral or two, or you can either do a location search on Avvo or search the Florida Association of Criminal Defense Lawyers website by locality (please see:  http://www.facdl.org ).

Either way best of luck!

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 
When it comes to the subject of drinking and driving, the best advice that you are ever going to hear is:  “Don’t do it!  Get a DD (Designated Driver), not a DUI”.

Be smart: Don’t drink and drive, but, if you do, just say “NO{thing}”, don’t blow (in FL your 2nd subsequent refusal is a crime) and call me stat at 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

Michael A. Haber, P.A.: Providing creative, effective and zealous criminal defense litigation services primarily in SoFlo since 1991.

At Michael A. Haber, P.A. “Its all about reasonable doubt”! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

“Like” Michael A. Haber, Esq. @ www.facebook.com/haberpa / follow Michael A. Haber, Esq. @ http://habercriminallaw.blogspot.com

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