Under Florida Statute Section 316.193
, a Jacksonville DUI, Driving Under the Influence, charge can be enhanced from a misdemeanor to a felony if the Jacksonville DUI defendant has 2 prior DUI convictions within the past ten years or three prior DUI convictions.
On December 30, 2008, in State of Florida v. Glenn Kelly, the Florida Supreme Court ruled that a prior misdemeanor Florida DUI conviction cannot be used to enhance a DUI from a misdemeanor to a felony. However, there are four elements that must be met for this DUI rule to apply.
- The prior Florida DUI offenses were punishable by more than six months in jail.
- The Florida DUI defendant was entitled to a court-appointed lawyer.
- A lawyer was not appointed.
- The Florida DUI defendant did not validly waive his right to a lawyer.
For example, a Jacksonville DUI, Driving Under the Influence, defendant gets his fourth Florida DUI. By law, his second and third Jacksonville DUI convictions were punishable by over six months in jail. In this fourth Jacksonville Driving Under the Influence case, the prosecutor filed the Jacksonville DUI as a felony. If the elements above are filled, the prosecutor cannot use the second and third Jacksonville DUI convictions against him. Thus, the fourth Jacksonville Driving Under the Influence charge cannot be a felony.