my father had a dwi in ny state over 27 yrs ago, it was all taken care of. he got pulled over in fl this winter for dui. can they hold that against

Asked 8/15/2009 under DUI / DWI | 173 View(s) | More Legal Topics

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DUI / DWI Law Answers

I am a lawyer in CT and practice in this area of the law.  While the DWI may be on your dad's record, it should not be considered with respect to a penalty.  You dad should be treated as a first offender in FL.  I suggest that he hire a lawyer.  usually, there are programs that your dad can do that will result in the charge potentially being dismissed.  Do not delay and find a lawyer.

This DUI will be considered to a first offense.  Florida has a "look back period" (not all states do).  Pursuant to this,  DUI offenses more than 10 years old, are not considered by the court when imposing a sentence.  In other words, while the offense remains on his record, for sentencing purposes, it will not be deemed to be a second offense.  Your father will be treated by the court as a first-time offender.

However, since a DUI triggers both civil and criminal cases, he should get legal representation on this.  An experienced DUI attorney may get the case dismissed on a technicality or at least reduced. 

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