“Doing Nothing” vs. “Doing Too Much”: When the Government Stacks Multiple DUIs for One Crash

By: John Guidry

For those of you working for a big company, isn’t there always someone tucked away in a cubicle who makes you wonder: What does he do all day? A friend of mine actually tried to see if he could get away with doing nothing.

• The Experiment: He showed up every day but did zero work.
• The Result: It took the company two years to fire him.

While I can’t tell you what that guy on the fifth floor does all day, I can tell you that our elected officials are busy doing the opposite—making every crime far worse than it needs to be. Our analysis today examines a law that permits multiple DUI convictions for the same drunk driving episode. Piling on punishment doesn’t make our roads safer, but it certainly boosts the government’s conviction stats.

Did you get charged with multiple crimes for a single accident?

The State loves to stack charges. Call John today at (407) 423-1117.

The Case: Velazco v. State (The Scooter Crash)

The case involves a decision from February 19, 2020, but the crime happened back in June 2014.

• The Incident: Just after midnight, a white truck collided with a scooter. The truck fled the scene.
• The Consequences: The scooter driver was seriously injured. The truck driver, Robert Velazco, was eventually caught.
• The Charges: Velazco was convicted of:
  1. DUI Causing Serious Bodily Injury (Felony)
  2. DUI Causing Property Damage (Misdemeanor)

The Appeal: Velazco appealed, claiming his single drunk driving incident constituted only one crime, not two.

• The Argument: Convicting him twice for the same act violates Double Jeopardy (the 5th Amendment rule prohibiting multiple punishments for the same offense).

The Law: Blockburger & The “Degree” Test

How do courts decide if one act equals two crimes? They use the Blockburger Test and Florida Statute 775.021(4)(b). The Rule: You cannot be convicted of two offenses if they are simply different “degrees” of the same offense.

The Grand Theft Analogy: If you steal a car worth $105,000:

• You technically committed Grand Theft (3rd Degree), Grand Theft (2nd Degree), AND Grand Theft (1st Degree).
• However, the State can only convict you of one (the highest degree). They can’t stack all three.

Velazco’s Argument: His lawyers argued that DUI Property Damage and DUI Serious Bodily Injury are just different degrees of the “Basic DUI.” Therefore, he should only be convicted of the Felony (Serious Bodily Injury), and the Misdemeanor (Property Damage) should be tossed.

The Ruling: Stacking is Allowed

Unfortunately, the Appellate Court disagreed with Velazco. They ruled that the two convictions did not violate Double Jeopardy.

• The Logic:
  • Crime #1 (Misdemeanor) required proof of Property Damage (the scooter).
  • Crime #2 (Felony) required proof of Bodily Injury (the rider). Because each crime required an element that the other did not, the State is allowed to stack them.

The Dissent (Judge Emas): Judge Emas wrote an excellent dissent, arguing the majority got it wrong.

“DUI bodily injury/property damage and DUI serious bodily injury are ‘aggravated forms’ of the basic DUI offense… Double jeopardy prohibits separate convictions… because they are degrees of the same offense.”

John’s 2026 Update: The “Stacking” Strategy

Note: In 2020, Velazco lost his appeal. In 2026, prosecutors use this ruling as a weapon.

1. The “Charge Stacking” Leverage Since Velazco confirmed that the State can charge you for every distinct result of a crash, prosecutors now file maximum counts to force a plea.

• The Scenario: You hit a parked car containing a laptop ($1,000) and a phone ($800) and injure the driver.
• The Stack: In 2026, they might charge you with DUI Serious Bodily Injury (Felony) + DUI Property Damage (Car) + DUI Property Damage (Laptop).
• The Goal: They pile on these counts so they can offer to “drop” the extras if you plead to the Felony. It is a negotiation tactic.

2. The Sentencing ScoreSheet Impact Even if the sentences run “concurrently” (at the same time), every conviction adds points to your Criminal Punishment Code scoresheet.

• The Math: An extra DUI Property Damage conviction adds points. In a felony case, those extra points can be the difference between a mandatory prison sentence and a probation offer.
• The Defense: We fight to “Merge” these counts at sentencing. Even if the law says you are guilty of both, we argue the judge should only sentence you on the primary charge.

3. Restitution is the Real Punishment While jail time usually runs together, Restitution (money owed to victims) does not merge.

• The Reality: The court will order you to pay for the medical bills (Injury count) AND the scooter replacement (Property count). The double conviction ensures the insurance companies get full reimbursement orders attached to your probation.

One Act, Many Crimes

The government has become very efficient at one thing: maximizing punishment. If you are facing a stack of charges for a single bad night, you need a defense that understands the “Nuance” of Double Jeopardy.

Call me at (407) 423-1117. Let’s unstack the charges.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.