Understanding the Consequences and Legal Defenses for a Third DUI in Florida

A third DUI charge in Florida is a serious matter that carries harsh penalties. Unlike first or second DUI offenses, a third DUI can be classified as a felony, depending on the circumstances. The consequences can include significant jail time, lengthy driver’s license suspensions, and steep fines. If you are facing a third DUI conviction, understanding the legal implications and potential defenses is crucial.

Defining a Third DUI Under Florida Law

A third DUI offense occurs when a person is arrested for driving under the influence after already having two prior DUI convictions. Under Florida Statutes § 316.193, a person is guilty of DUI if they are operating a vehicle while:

  • Having a blood alcohol concentration (BAC) of 0.08% or higher, or
  • Being under the influence of alcohol, drugs, or controlled substances to the extent that their normal faculties are impaired.

The classification of a third DUI offense depends on how long ago the prior convictions occurred. The lookback period plays a significant role in determining whether the charge will be treated as a misdemeanor or a felony.

  • If the third DUI occurs within 10 years of a prior DUI conviction, it is a third-degree felony.
  • If more than 10 years have passed since the last DUI conviction, it is usually charged as a misdemeanor but still carries significant penalties.

Penalties for a Third DUI Conviction in Florida

The penalties for a third DUI conviction are severe and escalate based on prior offenses.

If the Third DUI Occurs Within 10 Years of a Prior DUI Conviction (Felony DUI)

  • Minimum Jail Sentence: 30 days in county jail (mandatory)
  • Maximum Jail Sentence: Up to 5 years in state prison
  • Fines: Between $2,000 and $5,000
  • Driver’s License Revocation: Minimum of 10 years with no eligibility for a hardship license for at least two years
  • Vehicle Impoundment: 90 days
  • Mandatory DUI School: Level II DUI school and completion of substance abuse treatment
  • Ignition Interlock Device (IID): Required for at least two years

If the Third DUI Occurs More Than 10 Years After a Prior DUI Conviction (Misdemeanor DUI)

  • Jail Time: Up to 12 months
  • Fines: Between $2,000 and $5,000
  • Driver’s License Revocation: 6 months to 1 year
  • Vehicle Impoundment: 90 days
  • Ignition Interlock Device: Required for at least two years

Even when classified as a misdemeanor, a third DUI still results in harsher penalties than a first or second offense.

The Impact of a Third DUI Conviction

A third DUI conviction affects more than just your criminal record. It can lead to long-term consequences, including:

  • Employment Challenges: Many employers conduct background checks, and a felony DUI conviction can limit job opportunities.
  • Higher Insurance Costs: A DUI conviction leads to an SR-22 insurance requirement, which significantly increases premiums.
  • Loss of Professional Licenses: Certain professions, such as nursing, law, and commercial driving, may impose disciplinary actions against individuals with multiple DUIs.
  • Travel Restrictions: A felony DUI conviction can make international travel difficult, as some countries prohibit entry for individuals with certain criminal records.

The best way to avoid these consequences is to fight the charges with an aggressive legal defense.

Defenses Against a Third DUI Charge

While a third DUI charge is serious, there are multiple defense strategies that may be used to challenge the case. Every situation is unique, and several factors can influence the approach taken.

Lack of Probable Cause for the Traffic Stop

Law enforcement must have a valid reason to initiate a traffic stop. If the officer did not have reasonable suspicion to pull you over, any evidence obtained may be inadmissible.

Issues with Field Sobriety Tests

Field sobriety tests (FSTs) are often used to assess impairment, but they are highly subjective and prone to error. Poor weather, uneven pavement, medical conditions, or even nervousness can affect test performance.

Breathalyzer or Blood Test Errors

Breathalyzers must be properly calibrated and administered according to strict protocols. If the device was not maintained or the test was conducted improperly, the results may be inaccurate. Similarly, blood samples must follow a proper chain of custody to ensure reliability.

Violation of Constitutional Rights

If law enforcement violated your rights during the arrest, such as failing to advise you of your Miranda rights or conducting an unlawful search, key evidence may be suppressed.

The Importance of Acting Quickly: Florida’s 10-Day Rule

After a DUI arrest in Florida, you only have 10 days to request a formal review hearing with the Department of Highway Safety and Motor Vehicles (DHSMV). This is separate from the criminal case and determines whether your driver's license will be suspended.

During this hearing, we can challenge the suspension and seek a hardship license, which may allow you to drive for essential needs, such as work or medical appointments. Missing this deadline results in an automatic suspension, which could last for years in a third DUI case.

If you have been charged with a third DUI, it is crucial to act quickly to protect your driving privileges and fight the charges.

3rd DUI in Florida FAQs

How serious is a third DUI conviction in Florida?
A third DUI is a major offense in Florida, and if it occurs within 10 years of a prior conviction, it is classified as a felony. This means you could face up to five years in prison, a 10-year license suspension, and thousands of dollars in fines. Even if it is treated as a misdemeanor, penalties are severe, including up to one year in jail and a two-year ignition interlock requirement.

What happens if I get a third DUI more than 10 years after my last conviction?
If more than 10 years have passed, a third DUI is usually a misdemeanor. However, the penalties are still much harsher than those for a first or second offense. You may face up to 12 months in jail, steep fines, a mandatory ignition interlock device, and a lengthy license suspension.

Can I avoid jail time for a third DUI in Florida?
Jail time is mandatory for a third DUI within 10 years of a prior conviction, with a minimum sentence of 30 days. In some cases, alternative sentencing options may be available, such as rehabilitation programs or house arrest. If the charge is a misdemeanor, an attorney may be able to negotiate for a reduced sentence.

Can I get a hardship license after a third DUI?
If convicted, you are not eligible for a hardship license for at least two years. However, if you act quickly and request a DHSMV hearing within 10 days, there may be a chance to contest the suspension and keep limited driving privileges.

What defenses can be used for a third DUI case?
Several defenses can be effective, including challenging the legality of the traffic stop, questioning the reliability of breath or blood tests, and arguing against the validity of field sobriety test results. An attorney can examine the details of your case and build a strong defense strategy.

How does a third DUI conviction affect car insurance?
A third DUI conviction results in SR-22 insurance requirements, which means you must carry high-risk insurance for at least three years. This will lead to a significant increase in insurance premiums and could make finding coverage more difficult.

What should I do immediately after being arrested for a third DUI?
The most important step is to request a DHSMV hearing within 10 days to challenge the automatic license suspension. Then, you should consult with an experienced DUI defense attorney to begin building a defense strategy.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.