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01/31/14: Florida Man Arrested at Liquor Store for Fifth DUI

A Florida man was arrested for DUI for the fifth time and this time he had three children in his car. Brian Whittemore was confronted by police after they spotted a child hanging out of his vehicle at a liquor store.

Upon speaking with Mr. Whittemore the officers became concerned that he may be intoxicated and he was arrested following his field sobriety examination. Mr. Whittemore was previously arrested for DUI in 1996, 1997, 1998 and 2012. Mr. Whittemore explained to the officers that he was on his way home and that it was his wife’s birthday.

If Mr. Whittemore was arrested in Fort Myers, Naples, or Port Charlotte he would be looking at a potentially enhanced DUI charge on two fronts. 1) DUI with a minor in the car; 2) DUI charged as a felony rather than a misdemeanor due to his prior record of DUI’s. However, Mr. Whittemore’s four previous DUI arrests will not count towards an enhanced DUI charge unless they resulted in convictions for DUI which the article does not specify. If Mr. Whittemore has four prior DUI arrests but none of those arrests resulted in a conviction this case would have to be charged as a first DUI which is a misdemeanor. Regardless of the specific facts of your DUI arrest in Fort Myers, Naples, or Port Charlotte hiring an experienced criminal defense lawyer will put you in a position to resolve your case in the most beneficial possible way. Contact an experienced DUI attorney from Viacava & Cantor today at (239) 672-8934.

Father Arrested for Fifth DUI