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Baginski Brandt & Brandt Port St. Lucie Criminal & Family Attorneys
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Can my prior convictions be used against me in a Florida drunk driving case?

Your prior convictions will absolutely be used against you when the charge is initiated. In other words, you could be charged with a first DUI, a second DUI, a third DUI. Now, in front of the jury, if the case goes to trial, the jury won’t know that you’ve had prior DUIs upfront. That’s a separate issue that is tried on its own so as not to give the jury any reason to convict you for a current offense just because you had a past offense. When it comes in front of the judge for sentencing if you’re found guilty, the judge will know your prior history and will sentence you based upon your prior history.

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