Penalties for a third DUI Offense in Florida?
Being pulled over for your third DUI arrest is serious. You could end up with jail time, hefty fines, and much more. If you have been arrested for your third DUI offense, don’t attempt to handle your case yourself. A skilled DUI attorney in Florida can represent you to obtain the best outcome. Get in touch with Stroleny Law today.
Our Florida DUI lawyers have a stellar record of defending people against third DUI charges. Lead attorney Julian Stroleny is a successful DUI lawyer, having obtained the 2023 AV Preeminent award from Martindale-Hubble, and is a Super Lawyers Rising Star for 2019-2023. Speak to a DUI attorney today by calling (786) 705-3133.
Florida DUI Laws
Florida DUI laws state that someone with a BAC of .08% or higher is under the influence. You also can be arrested if the police think you’re impaired, even if your BAC is lower than .08%.
The penalties for DUI in Florida get more severe with every conviction. Your first DUI can result in a $500 to $1,000 fine and up to six months in jail. If you have a BAC over .15% or there was a child in the car, the maximum fine is $2,000 and you could face up to nine months in jail. Your license will be suspended for 180 days to one year.
A second DUI, regardless of when the prior DUI conviction was, has more severe consequences. There is a maximum $2,000 fine and up to nine months in jail, but you also must have an ignition interlock device on your car for a year. The device costs hundreds per year and is at your expense. Also, if your second DUI is within five years of a prior DUI, your license may be suspended for five years.
Penalties for a Third DUI Offense In Florida
When you have a third conviction, DUI penalties get even more severe. First, the conviction is a third-degree felony if it has been less than ten years since your prior conviction. There is a maximum $5,000 fine and a mandatory jail term of 30 days.
Furthermore, if your third DUI is a misdemeanor, meaning the prior two DUI convictions were more than 10 years ago, jail time can be up to one year. If the third DUI is a third-degree felony, meaning the prior two DUI convictions were less than 10 years ago, jail time can be up to five years.
You also must have an ignition interlock device on your car for two years, and your vehicle will likely be impounded for three months. Your driver’s license could be suspended for 10 years. You may apply for a license reinstatement after two years, assuming you complete DUI school.
In addition to these penalties, you must also complete 12 months of probation and 50 hours of community service. You must also complete a substance abuse program, which includes a drug and alcohol evaluation. Most defendants must complete DUI school before their driver’s license can be reinstated.
Long-Term Consequences of a Third DUI Offense In Florida
A third DUI conviction in Florida will lead to more problems than just fines, jail time, and probation. There are additional consequences to consider:
Employment
After a drunk driving conviction for the third time, employment issues are likely. Most companies do background checks before hiring. If you have a criminal record, it could prevent you from securing employment. This is especially true for a third DUI.
You also are more likely to have employment issues with a DUI if you are a school employee, teacher, or work in healthcare, real estate, politics, or the state or local government.
Insurance Premium Hikes
Expect your car insurance rates to rise dramatically after a third Florida DUI. Your rates could double, at least. Some insurance companies may not even insure you at all.
Personal Relationship Problems
Friends and family may treat someone with a DUI conviction differently. Many people may not trust you anymore, and neighbors may not want to associate with you.
Why Hire an Attorney For Your Third DUI Offense
Being convicted of a third Florida DUI is disastrous, but you can fight your charges by hiring an experienced DUI lawyer from Stroleny Law. An attorney can investigate your case and build the most robust defense using proven strategies.
Reasonable Suspicion
Police officers often stop cars that break traffic laws or drive erratically. If the police officer lacks grounds to make the stop, your attorney could get the charge dismissed.
For instance, if an officer sees you turn left without using a signal, they are allowed to stop you. However, they cannot pull you over simply because they saw you leave a bar parking lot.
Probable Cause
Under Florida law, the police must have probable cause to arrest you for DUI. There needs to be strong evidence that gives them the belief that you are drunk or high on drugs. For example, alcohol odor, red eyes, or a failed field sobriety test could give the police probable cause to handcuff you.
If the officer arrests you without probable cause, your attorney will argue that the evidence they obtained after the arrest should be suppressed.
Test Errors
Any irregularities or errors in the tests the police administered could lead to dismissal. Evidence could show that the police didn’t follow established protocols when conducting field sobriety tests, or it could be demonstrated that the breathalyzer machine was improperly calibrated. These deficiencies could render the test results inadmissible in court.
Prior DUI Conviction Questions
There could be insufficient documentation of your prior DUI convictions, especially if they were in another state. Without proof of prior DUIs, the prosecutor may have to reduce the offense to a first or second DUI. This would lead to a better outcome than a third DUI in Florida.
Having an experienced DUI attorney defend you from aggressive prosecutors is essential. You should not plead guilty or accept any plea deal from the prosecutor without speaking to a lawyer. Say as little as possible to the police during or after the arrest. Let your lawyer speak for you.
Speak to a Stroleny Law DUI Attorney Now
Now is the time to act if you have been charged with a third DUI in Florida. Julian Stroleny is a skilled DUI attorney, recognized as a Super Lawyers Rising Star for 2019-2023. Our firm can review your case and determine the best defense. Call Stroleny Law, P.A., today at (786) 481-4098 for help with your third Florida DUI.