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A third driving under the influence of alcohol or drugs (DUI) in Gainesville can result in serious penalties, including mandatory jail time, vehicle impoundment, mandatory driver’s licenses sentences, vehicle immobilization and fines.
If you have been accused of a third DUI offense then Florida law provides special punishments and penalties depending on whether the third offense occurred within or outside 10 years of any prior DUI conviction. These enhanced punishments may apply even if you were convicted out of state for a prior drunk driving or impaired driving offense such as OUI or DWI.
If you have been accused of a third offense of drunk driving in central Florida, Alachua County, Levy County, Gilchrist, or anywhere in or near the eight judicial circuit, then contact an experienced DUI defense attorney at the Landsman Law Firm. Landsman Law represents people in Alachua County as well as all the surrounding areas.
Third Conviction for DUI within 10 Years of a Prior Conviction
If you’ve been charged with third DUI within 10 years of a prior conviction the following will apply to your case:
- Third Degree Felony punishable by up to five years in Florida state prison;
- Fine between $2,000 and $5,000
- Mandatory imprisonment of at least thirty (30) days in jail;
- Minimum 10 years revocation of driver’s license;
- An ignition interlock device for two years after the person becomes eligible for a driver’s license; and
- Vehicle impoundment or immobilization for 90 days.
Third Conviction for DUI outside 10 Years of any Prior Conviction
First Degree Misdemeanor punishable by up to 12 months in jail;
Fine between $1,000 and $2,500; and
An ignition interlock device for two years after the person becomes eligible for a driver’s license.
Third DUI Conviction Penalty Differences Explained
Under Florida law, Florida Statute Section 316.193 provides that for a third conviction there are different penalties based on how long the prior conviction was from the current accusation. This means the exact dates and natures of the prior record are crucial in determining what maximum penalties you could be facing, as well as what mandatory special conditions of probation you may be looking at. DUI has its own statutory section dealing with penalties, but you also need to be aware of the DHSMV penalties which are governed by a different subsection I explain below.
Driver’s License Revocation Period for a Third DUI Conviction
Florida Statute Section 322.271 and 322.28 provide that for a third conviction within 10 years of the second conviction the Department of Highway Safety and Motor Vehicles must impose a minimum 10-year revocation, although the driver may be eligible for a hardship reinstatement after two years of no driving for any reason. The defendant can apply for a hardship reinstatement hearing after two years. The defendant must complete DUI school and remain in the DUI supervision program for the rest of the revocation period.
DUI PENALTY CHART
What other penalties will I face for a Third DUI offense in Florida?
As you would in a first DUI offense, for a 3rd DUI in Florida offense you will face penalties such as fines, a driver’s license suspension, and the possibility of time in jail. A DUI conviction can also leave you with a permanent criminal record. This can affect any job opportunities that you may have in your future.
Defenses To 3rd DUI Charges
Florida Statute Section § 316.193 states that an individual can be charged with a driving under the influence (DUI) offense if they have been drinking any type of alcohol or consumed any type of controlled substance while in actual physical control of a vehicle and their normal faculties are impaired.
According to Fla. Stat. § 316.1934, normal faculties can include but are not limited to, the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and perform any general mental and physical acts of daily life.
Within these different methods of proof there are a huge number of legal issues and defenses which a skilled 2nd DUI in Florida criminal defense attorney can examine to help in your defense. Was your traffic stop legal? Were you subjected to prolonged detention? Did the police administer field exercises correctly and report them accurately? Was implied consent read correctly or were you misled or coerced? Was there any illegal conduct in obtaining your consent for a blood draw? Only the unique circumstances of your case will say for sure.
Not only that, the area of criminal defense law that incorporates DUI is huge and changes all the time. You can learn more by learning about other people who have been accused of DUI and what happened in their cases. Police and prosecutors can make mistakes just like any other human being. For more information see where this topic is discussed on the Landsman Law blog.
Criminal Defense Lawyer Matt Landsman at Landsman Law helps people accused of crimes in Gainesville, Alachua County, Levy County, Gilchrist County, and surrounding areas of north Florida. If you need help for yourself or a loved one contact Criminal Defense Attorney Matt Landsman for a free consultation today. For help with any Criminal Matter from Board Certified Criminal Trial Lawyer Matt Landsman – CALL NOW
Have you been accused of a crime in Gainesville, Alachua County, Levy County, Gilchrist County, or North Florida? Call or contact us online to schedule a free consultation in Gainesville Florida.