Third Florida DUI Offense

Driving under the influence charges are charged consecutively and the penalties are increased based on the number of convictions that a person received within a specified time period.

Third-time DUIs are punished pretty harshly in Florida, especially if the third-DUI occurred within ten (10) years of the second DUI conviction. If you have been arrested and you refused a breathalyzer or blew above the legal limit in Florida on a breath test, then speaking to an experienced Broward County criminal defense attorney is imperative.

Attorney for Third-DUIs in Fort Lauderdale, Florida

An experienced criminal defense attorney will be equipped to explain what happens after a third-DUI in Florida. The attorneys at Bacchus Law Firm are skilled and zealous advocates who will prepare clients to fight for the best result.

Our office is located in Ft. Lauderdale, FL, and we serve clients throughout South Florida in the Greater-Miami Metropolitan area. Specifically, we serve Broward County and in the surrounding counties of Palm Beach County, Collier County, Hendry County, and Miami-Dade County, Florida.

Overview of Third DUI Offenses in Broward County

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Felony DUI in Florida

Under Florida law, a third-DUI conviction may be charged as a felony. A felony DUI in Florida, like the first DUI conviction or the second DUI conviction, is subject to mandatory minimum requirements set out by Florida courts. Under Fla. Stat. 316.193, felony DUIs are penalized as follows:

  • Vehicle Impounding – the offender's vehicle will be impounded for ninety (90) days;
  • Driver's License Revoked – if the first and second DUI convictions occurred within ten (10) years of one another, the offender's license will be revoked for at least ten (10) years and for a third DUI conviction where at least one of the previous DUIs occurred within five (5) years, then license revocation is for at least five (5) years;
  • Fine – for a third DUI offense, the offender may be subject to a fine of up to $5,000;
  • DUI School – the court will order that the defendant enroll in DUI school, which includes a substance abuse evaluation and requires any recommended follow-up treatment;
  • Ignition Interlock Device (IID) –a Florida court will place an IID on the offender's car for at least two (2) years; and
  • Jail – the offender may face mandatory imprisonment for at least thirty (30) days.

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Third-DUI outside of 10 Year Second DUI Conviction

If a DUI occurs after at least ten (10) years have passed since an offender's previous DUI conviction, then under Florida law, the offender will be charged with a first-degree misdemeanor. First-degree misdemeanor DUIs are penalized as follows:

  • Jail –the offender, may be subject to up to twelve (12) months in jail with a mandatory minimum of at least thirty (30) days and forty-eight (48) consecutive hours;
  • Probation – the offender, may be subject to up to twelve (12) months of probation;
  • Driver's License Revocation – the offender, may have his or her licenses suspended for at least 180 days –maximum one year;
  • DUI School – the offender, must complete Level II DUI class, which includes a substance abuse evaluation and any follow-up treatment;
  • Ignition Interlock Device (IID) – the offender may be subject to at least two (2) years with an IID on a vehicle registered in his or her name;
  • Vehicle Impounding – the court may order the offender's vehicle to be impounded for at least ninety (90) days.

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Additional Resources

Florida Statute §316.193 – Visit Online Sunshine, the official website of the Florida Legislature for the full legislative language used to charge a first, second, or third offense DUI charge.

Reinstating License After DUI – Visit the Florida DMV for more information about the reinstatement process or for how to apply for a hardship for temporary use of your license for activities that are work or business related.

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Finding an Attorney for Felony DUI in Broward County, Florida

If you or someone you know is facing DUI charges for the third time, speak to a criminal defense attorney immediately. Our attorneys will fight for your best defense.

Our office is centrally located on Southeast 3rd Ave, in Ft. Lauderdale, FL, just minutes from the Broward County Central Courthouse. If you have been arrested or are subject to investigative procedures in Miami, West Palm Beach, East Naples, or LaBelle, Florida, then contact our firm immediately.

Call (954) 500-5555 for more information about how the attorneys at Bacchus Law Firm can help you.

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