Velazco v. The State of Florida: Does Double Jeopardy Apply to DUI Charges?

Can you be charged and convicted with two DUI crimes at the same time? For example, can you be convicted of DUI causing serious bodily injury and DUI causing property damage at the same time? Under Florida law, DUI charges are a matter of degree. You have simple DUI charges, aggravated DUI charges, DUI causing property damage, DUI causing serious bodily injury, and DUI manslaughter, the most serious DUI offense you can face. In this article, the Orlando DUI attorneys at FL DUI Group will discuss the case of Velazco v. State. Velazco was charged and convicted of both DUI causing serious bodily injury and DUI causing property damage. The Velazco decision prevents Florida residents from being charged with two crimes stemming from one incident.

Background of the case

Velazco v. State is a Florida Supreme Court decision from June 30, 2022. In the Velazco case, the defendant, Robert Velazco, was convicted of two DUI-related offenses stemming from a single incident:

• DUI causing damage to property or person (a first-degree misdemeanor), and
• DUI causing serious bodily injury (a third-degree felony).

Velazco argued that obtaining dual convictions stemming from the same event violated the Double Jeopardy Clause, as both charges stemmed from a single occurrence. The Third District Court of Appeals upheld both convictions, interpreting them as distinct offenses and not variants of a single crime. The Supreme Court, on the other hand, disagreed.

According to the Florida Supreme Court, Velazco’s offenses are indeed degree variants of the same crime under Florida Statutes § 775.021(4)(b)2. Thus, convicting Velazco of both crimes constitutes an unconstitutional double jeopardy violation. The Supreme Court thus quashed the appellate court ruling and reversed the dual convictions.

Why the Velazco case is important

The Florida Supreme Court’s decision in Velazco v. State (2022) is significant for any individual who is facing DUI charges in Florida. The case addressed whether a defendant could be convicted of two separate DUI offenses at the same time or arising from the same incident. In this case, the Court concluded that these charges are “degree variants of the same offense,” meaning that convicting Velazco of both violated the constitutional protection against double jeopardy.

This ruling is incredibly important for two main reasons. First, it reinforces that Florida courts must carefully scrutinize charging decisions to ensure prosecutors are not “stacking” convictions for the same act. Without this safeguard, one DUI event could unfairly lead to multiple overlapping penalties. Second, Velazco clarifies how Florida’s statutory scheme works when different degrees of DUI are alleged. This gives defense attorneys a powerful tool for challenging improper charging.

For drivers, the takeaway here is: Even when facing serious DUI allegations, constitutional protections remain in place. A knowledgeable Orlando DUI defense attorney can leverage rulings like Velazco to protect clients from excessive punishment.

Talk to an Orlando, FL, DUI Lawyer Today

FL DUI Group represents the interests of Orlando residents who have been charged with DUI. Call our Florida DUI defense lawyers today to schedule an appointment, and we can begin preparing your defense immediately.

Source:

law.justia.com/cases/florida/supreme-court/2022/sc20-506.html