Fourth Florida DUI Conviction

Being charged with a fourth DUI in Florida is tantamount to bad luck. In Florida, a fourth DUI conviction may cost an offender five (5) years in Florida State Prison, or it may cause the individual to have their license revoked for the rest of their life.

Moreover, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) does not have to follow the lead of the Ft. Lauderdale Prosecutor's Office regarding charges and sentencing. The DHSMV may impose penalties or suspend an individual's license even if the State of Florida reduces the offender's charges.

Find an Attorney for Fourth DUI Offenses in Ft. Lauderdale, FL

If you or someone you know has been charged with a first, second, or fourth DUI offense in Florida, contact an experienced criminal defense attorney to get the representation that you will need to fight harsh DUI penalties.

Fourth DUI offenses, especially those that occur within a few years from the previous convictions, are usually charged as felonies in Florida and having an attorney could be the difference between facing five years in prison, never having a license again, or having your charges dropped.

Our offices are located in Fort Lauderdale, and we serve four-time DUI offenders in Broward County, and in the surrounding areas of Hendry County, Miami-Dade County, Palm Beach County, and Collier County County, Florida.

Broward County Fourth DUI Information Center

Back to top

Four Time DUI Offenders in Florida

Under Fla. Stat. § 316.193(2)(b)(3), a fourth DUI conviction is charged as a third-degree felony. Prior DUI convictions may not be used, however, if the following occurs:

  • the prior convictions were punishable by jail or prison time;
  • the defendant was indigent and entitled to court-appointed counsel;
  • the defendant did not waive the right to counsel; or
  • the prior convictions occurred while the person convicted was not represented.

Back to top

Penalties for a Fourth DUI in Florida

Permanent lifetime license suspension is probably the most extreme consequence of a fourth DUI conviction in Florida. Florida law provides that if an individual is subject to a fourth DUI charge, then his or her license will be revoked.

Moreover, a fourth-time DUI offender cannot apply for a hardship driver's licenses until he or she serves ten (10) years of the revocation period.

Applying for a Hardship License in Florida

If you were charged with a fourth DUI in Florida you might be eligible for a hardship driver's license after serving ten (10) years of license revocation period. In order to receive a hardship license, the applicant must complete the following:

  • the applicant must complete DUI school and any recommended treatment;
  • the applicant must receive a favorable recommendation from the Special Supervision Services Program;
  • the applicant must pay a reinstatement fee;
  • the applicant must retake the Florida driver's test;
  • the applicant must pay any license fee;
  • the applicant must pay an administrative fee; and
  • the applicant must show proof of bodily injury liability insurance with appropriate limits.

Obtaining a hardship license is not absolute. Under Sections 322.271(5)(c) and 322.28(5), the DHSMV may cancel a hardship license at any time under any circumstances.

Reinstatement of a Florida Driver's License

Section 322.271(5)(b) allows the DHSMV to reinstate an offender's driver's license under certain circumstances. Specifically, Florida Statute § 322.271 states that the DHSMV may modify an offender's driver's license suspension five years after the date of the last conviction.

Back to top

Additional Resources

Section 322.271 Fla. Stat. – Visit Online Sunshine, the official website of the Florida Legislature for the full legislative language regarding reinstating a Florida license after having it permanently suspended by the Florida DHSMV.

Back to top

Find an Attorney for Fourth DUI Offenses in Broward County, FL

If you or someone you know has been charged with multiple DUIs in Ft. Lauderdale, Miami, West Palm Beach, East Naples, or LaBelle, Florida, and are now subject to license suspension or felony DUI charges, contact an experienced criminal defense attorney to fight for your rights.

Our attorneys are dedicated and zealous advocates who will fight to get you the best result. Our office is located in Ft. Lauderdale, Florida, and we serve clients throughout Broward County and in the surrounding areas of Miami-Dade County, Palm Beach County, Collier County, and Hendry County in Florida.

Call Bacchus Law Firm to schedule a one-on-one with one of our experienced attorneys.

Back to top