Q. “Why is it a felony DUI if my 1st DUI was 30 years ago?” A. “Here’s the answer to ‘when’ they can charge you with a ‘felony’ DUI, rather than a misdemeanor DUI,” offers Ft. Lauderdale criminal defense lawyer John M. Castellano

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“If you have been arrested for DUI three (3) times in your life, you’re facing a FELONY DUI for your 3rd arrest, regardless of how long ago the 1st DUI occurred. Even if your 1st DUI was 30 or 40 years ago, it still qualifies as a foundational predicate DUI ‘prior,’ for purposes of felony ‘enhancement’ … meaning that the prosecutors will ‘enhance’ a new misdemeanor DUI and upgrade the new arrest to a FELONY DUI, **so long as your 2nd DUI conviction date was within ten (10) years of your current/recent DUI arrest.” That’s the condition precedent to the felony enhancement, i.e., the time lapse between the 2nd and 3rd DUI arrests, *not the 1st and 2nd, or the 1st and 3rd.” — Ft. Lauderdale DUI lawyer John Castellano

“The laws in regard to driving under the influence or DUI are now so draconian in Florida, that you’re forced to get some real experienced help when you’ve suffered a DUI arrest, especially if you’ve been arrested at any time in your past for DUI in ANY State in the nation.” Ft. Lauderdale criminal defense attorney John Castellano

“All the States in the United States now share their data bases and exchange information in what’s called ‘reciprocity’ in working with one another, such that a DUI conviction in ANY State, will be deemed a conviction in Florida too, just as if it had occurred right here in Florida. This is the law now in the State of Florida, whether we like it or not.” Ft. Lauderdale criminal defense lawyer John Castellano

Please feel free to call me any time in the office @ 954 766 8810, and just know that I would be privileged to help you or your loved ones with these or any legal issues or concerns. I am,

Always there for you and your family,

John Castellano


About the Author:

John M. Castellano is a Fort Lauderdale criminal defense attorney who has helped thousands of clients throughout Florida. While building a reputation as a premiere Fort Lauderdale DUI attorney, Mr. Castellano has worked tirelessly to develop strategies to best protect the rights of those arrested for DUI in Broward, Dade and West Palm. However, Mr. Castellano is not just a drunk driving lawyer. He has been a successful domestic violence attorney, drug trafficking attorney, as well as all other Felony and Misdemeanor cases.

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