Florida DUI Prior Convictions Enhance Felony DUI

Florida Supreme Court in a rare DUI ruling held that Article I, section 16 of Florida Constitution, prevents state from using uncounseled misdemeanor convictions to enhance defendant's later misdemeanor to a felony, unless defendant validly waived right to counsel. To prevent use of priors must assert under oath, through a properly executed affidavit that:

(1) The offense involved was punishable by imprisonment;

(2) The defendant was indigent and, thus entitled to court-appointed counsel;

(3) Counsel was not appointed;

(4) The right to counsel was not waived.

Source: 34 Fla. L. Weekly S15a

Florida DUI Prior Convictions Enhance Felony DUI