Penalties for a 4th DUI in Florida
You don’t want a DUI fourth offense on your record in Florida. If you were pulled over and charged with a 4th DUI in Florida, it may be charged as a felony, punishable by up to five years in prison. The stakes are high with a fourth DUI conviction, and you need a skilled attorney to fight for your rights.
Attorney Stroleny is a DUI lawyer with an impressive record. He was named a 2023 Client Champion by Martindale-Hubble and a Super Lawyers Rising Star for 2019, 2020, 2021, 2022, and 2023. Attorney Stroleny is a highly regarded criminal defense attorney ready to fight for you. Call (786) 481-4098 today if you have prior DUI convictions.
Florida DUI Laws
Florida DUI laws stipulate that someone with a blood alcohol content of .08% or higher is under the influence of alcohol. But the police can also arrest you if they believe you are impaired, even if you are below the legal limit.
Like most states, DUI penalties under Florida law worsen for every subsequent DUI conviction. The first drunk driving conviction results in a maximum $1,000 fine and up to six months in jail. If your blood alcohol level was over .15%, the fine can be $2,000 with a nine-month jail sentence. The first conviction also leads to a minimum 180-day driver’s license suspension.
A second DUI conviction has a maximum $2,000 fine and up to nine months behind bars. An ignition interlock device is required for a year and is at your expense. Your driver’s license may be suspended for five years if your prior DUI convictions were less than five years ago.
When you have a third conviction for DUI, it will be a felony if it is less than 10 years since your prior conviction. You will face a maximum fine of $5,000 and at least 30 days in jail.
Florida statute requires an ignition interlock device for two years, and your car will be impounded for 90 days. If the offense was charged as a felony, your driver’s license could be revoked for 10 years.
Penalties for a 4th DUI In Florida
A fourth DUI conviction is a felony offense. Penalties for a fourth or subsequent DUI include:
- Jail sentence of up to five years
- Losing your driver’s license permanently
- Maximum fine of $5,000
- Paying for installing ignition interlock devices on all vehicles for at least two years
Your prior criminal history, including convictions unrelated to drunk driving, could affect the severity of your punishment after a fourth DUI. For instance, if you got out of prison recently or have other felony convictions, your penalties could be enhanced.
Jail time is mandatory for a fourth DUI conviction as well as any subsequent DUI. You could get between one day and five years in jail, but the state will be seeking to have you do time. If you have more than four previous DUI convictions, the punishment will be more severe.
Permanent Driver’s License Revocation
One of the most severe penalties for a third-degree felony DUI is losing your driver’s license permanently. However, if your driver’s license was revoked after a fourth DUI, obtaining a hardship driver’s license after five years is possible. You will have to complete DUI school and any treatments that were recommended. You will also need to have an ignition interlock system installed in your car.
After you have been approved for a hardship driver’s license, you must do the following after a fourth DUI in Florida:
- Take the Florida driver’s license examination
- Pay the administrative fee and reinstatement fee
- Show proof of insurance, including bodily injury liability coverage
Getting a hardship license after a fourth DUI conviction is arduous and expensive. The ideal way to avoid these problems is to prevent the conviction. An attorney can fight to get the charges dropped or reduced to reckless driving or another non-DUI offense.
Defending Against a Fourth Offense DUI Charge In Florida
The best chance you have to beat your charges is with the help of an experienced lawyer. The potential consequences are too severe to represent yourself. Even with multiple prior DUIs, an experienced attorney can work to obtain a favorable outcome in your case with proven defenses.
Questionable Police Stop
In Florida, the police must have a valid reason to stop you. Police often pull people over for exercising dangerous or reckless behaviors, such as running a red light or speeding. Your attorney may challenge whether the stop was legitimate if you weren’t cited for anything except drunk driving.
Challenging Field Sobriety Tests
The accuracy of field sobriety tests is between 30% and 60% if the driver’s blood alcohol content is between .06% and .08%. Your attorney may challenge the validity of the test results, potentially arguing that you were nervous or the police conducted the sobriety tests incorrectly.
Challenging Conditions
Poor weather, such as heavy rain, can lead to erratic driving. Uneven asphalt or grass on the side of the road could make a sober person fail sobriety tests. Also, medical conditions, such as diabetes or a stutter, could make the person seem intoxicated when they are sober.
Breathalyzer Calibration
For a breath test to be valid, the driver must be watched for several minutes before the test. Still, the breathalyzer test can be inaccurate, including problems with calibration and lack of officer training on the device.
Also, any blood test must be performed by a medical professional. Anything that may have contaminated the blood sample, such as improper procedure, could render the results inadmissible in court.
Contact a Florida DUI Attorney Now
DUI offenses are severe matters in Florida, especially with prior convictions. You want to do anything to avoid another DUI conviction in Florida. There is no time to delay if you have been charged with a fourth DUI offense. Attorney Julian Stroleny has an impressive record of getting DUI charges dismissed. Contact Stroleny Law today at (786) 481-4098 for an experienced DUI defense attorney.