For anyone facing DUI charges in Florida—especially cases involving property damage, minors in the vehicle, or prior DUI convictions—this opinion can give you a taste of the expertise needed to make the government follow the law and protect your rights.

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The defendant, Rebecca Raber, was charged with nine misdemeanor DUI counts after colliding with multiple vehicles while allegedly impaired, with her 13-year-old granddaughter present in the car. Over the course of the incident, eight vehicles were damaged.

At trial, several counts were dismissed on a motion for judgment of acquittal, but four DUI counts—one simple DUI and three DUI with property damage—went to the jury. The defendant was convicted on all four and received consecutive jail sentences and probationary terms.

On appeal, the Sixth DCA found three major legal errors requiring reversal:

1. An improper mid-trial amendment to the charging document
2. A double jeopardy violation involving the simple DUI conviction
3. Illegal sentencing conditions, including improper court costs and impossible probation terms

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The most significant issue involved the State repeatedly amending the Information after the close of all evidence—even adding a new alleged victim and altering the vehicle description for one of the DUI property-damage counts.

Florida law is clear:

• Once trial has begun, the State may not amend charges in a way that prejudices the defendant.
• The State bears the burden of proving that a mid-trial amendment will not prejudice the defense. State v. Clements, 903 So. 2d 919 (Fla. 2005); Thach v. State, 342 So. 3d 620 (Fla. 2022).

Here, the appellate court held that Raber suffered obvious prejudice because:

• The amendment was filed after all witness testimony had concluded.
• The defense had no opportunity to cross-examine witnesses regarding the new victim/vehicle information.
• The amendment created factual issues—such as ownership of the red Toyota—that the defense could not address.

The court described the prejudice as unmistakable: the defendant was “wholly prevented from mounting a defense to a new charge made against her.”

Result: Conviction on Count 2 reversed.

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The Sixth DCA also reversed the defendant’s conviction for simple DUI (Count 1) because it was based on the exact same conduct as the DUI with property damage counts.

Under Florida law:

• DUI is a “continuing offense.” A person cannot be convicted of multiple DUI counts unless there are distinct criminal episodes.
  – Labovick v. State, 958 So. 2d 1065 (Fla. 4th DCA 2007).
• Simple DUI is a lesser-included offense of DUI with property damage and is subsumed within it.
  – Velazco v. State, 342 So. 3d 614 (Fla. 2022).

Because the conduct occurred in one uninterrupted sequence, the simple DUI conviction constituted impermissible double punishment under:

• Blockburger v. United States, 284 U.S. 299 (1932)
• § 775.021(4), Fla. Stat. (Florida’s codification of the Blockburger test)

Result: The appellate court reversed the simple DUI conviction (Count 1), leaving only the DUI-property-damage convictions where the evidence tied damage to specific victims.

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The trial court ordered the defendant to:

• Enroll in DUI School within 10 days, and
• Complete DUI School within 90 days of sentencing

—but also imposed consecutive jail terms that made completion within 90 days impossible.

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Anyone Facing DUI Charges in Florida

They often turn on technical issues—charging documents, statutory elements, sentencing procedures, and constitutional protections.

If prosecutors change essential facts or victims mid-trial, convictions can be reversed.

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The Raber decision reinforces a central truth about Florida DUI law: even misdemeanor DUI cases require precise legal analysis and protection of constitutional rights. When courts or prosecutors overstep—whether through improper amendments, double jeopardy violations, or unlawful sentencing conditions—an experienced defense attorney can secure reversal.

If you or a loved one is facing DUI allegations, especially multiple counts or DUI involving property damage or minors, legal representation is crucial. A knowledgeable criminal defense attorney can challenge improper charges, protect your rights at trial, and, when necessary, pursue relief on appeal.

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