DUI – Third Offense

DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S.

Under Florida law, you are guilty of DUI if your normal faculties are impaired or if your blood alcohol content (BAC) or breath alcohol level (BAL) is .08 or above.  Additionally, you can be convicted of DUI as a result of the consumption of Alcohol, Chemicals or Drugs.

What Are The Penalties For DUI – Third Offense In Florida?

If convicted of DUI in Florida, and it’s your third offense, you are subject to the following penalties:

Imprisonment- s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.

  • Up to 12 months in jail if the third conviction is more than 10 years after the second.
  • Mandatory-minimum imprisonment of 30 days if the third conviction is within 10 years of the second.  At least 48 hours of the jail sentence must be consecutive confinement.

At the judge’s discretion, your sentence may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.

Driver License Revocation Periods for DUI-s. 322.271, F.S. and s. 322.28,F.S.

  • Third Conviction Within 10 YearsMinimum 10 years revocation. May be eligible for hardship reinstatement after 2 year.

Fine Schedule s. 316.193(2)(a)-(b), F.S.

  • Minimum $2000 up to $5,000 if the third conviction is more than 10 years from the second.
  • Minimum $4,000 with BAC of .15 or higher.
  • Minimum $4,000 with a minor in the vehicle.

Impoundment of Immobilization of Vehicle – s. 316.193 (6), F.S.

  • Third conviction within 10 years = 90 days; Unless the family of the defendant has no other transportation.
  • Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.

Conditions for Release of Persons Arrested for DUI – s. 316.193 (9), F.S.

  • The person is no longer under the influence and;
  • The person’s normal faculties are no longer impaired
  • The person’s blood/breath alcohol level is lower than 0.05; or
  • Eight hours have elapsed from the time the person was arrested.

Business Purposes Only/Employment Purposes Only Reinstatements-s. 322.271, F.S. and s. 322.28, F.S.

Third Conviction Within 10 Years: (10-Year Revocation)

  • May apply for hardship reinstatement hearing after two years.
  • Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period.  Defendant’s failure to report for counseling or treatment will result in the cancellation of the hardship license.
  • Defendant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement.  Mandatory ignition interlock device for two years.

Adjudication and Sentencing – s. 316.656, F.S., s. 322.2615 F.S.

  • Penalty to be Imposed by Court: Judges are prohibited from deviating from the administrative suspension/revocation periods mandated by statute. The courts are prohibited from withholding adjudication in DUI cases; or from reducing a DUI charge if the defendant’s blood alcohol was .15 or greater.

Felony DUI Penalties Can Send You to Prison!  Need an Experienced and Aggressive DUI Defense Attorney?

The penalties for Felony DUI inFor Lauderdale are serious, harsh, and can result in a lifetime of repercussions.  Let our experience as a law firm focused on DUI Defense work for you.  We will ensure that your case is handled professionally and the defenses available to you will be pursued aggressively.Call us today for free consultation and analysis of your case from a former police officer turned DUI defense attorney.

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