Generally speaking, if you are charged with a crime in the state of Florida, your criminal history will have a bearing on the court's perception of you. If there has been a pattern of criminal convictions, the court may pursue harsher penalties against the convicted in order to both punish them and deter any future crimes. This is also true for drunk driving convictions in Florida... up to a point.
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Florida's "Look-Back" Period
When evaluating a drunk driver who has been convicted of DUI, the court will look to see if there were any prior incidents of drunk driving-- but will only within a certain window of time. This limited period into a driver's past is known as "look-back" period and it can prevent older DUI convictions from counting towards a current DUI conviction.
In Florida, the look-back period for prior DUI convictions is five years. It's worth noting that Florida's look-back period is fairly generous. Other states have instated a 10-year look-back periods or consider the lifetime driving record of the accused.
How a Look-Back Period Works
To better illustrate how this look-back period works, let's look at an example: let's say that Stacy is a Miami resident who has been charged and convicted of DUI in 2016. This is her third DUI conviction: she was also found guilty in 2012 and 2007.
Due to Florida's look-back period, however, only one of those prior DUI convictions will be considered by the court—the 2012 one. Because it is more than five years old, the 2007 conviction is ignored and her current 2016 DUI conviction will be considered her second consecutive one.
If you or a loved one had been charged with drunk driving, then their case should be evaluated by experienced, proven defense counsel. At the Law Office of Michael Mirer, P.A., Attorney Mirer is a former prosecutor who now uses his insight and courtroom prowess to protect the rights and interests of the accused.
Call our firm today to start exploring your legal options. We are ready to offer you a free case evaluation.