In previous posts, we laid out the consequences you may face if you are convicted of a first and second DUI. If you are pulled over and facing your third DUI, the stakes are raised significantly, especially if you are convicted of your third within 10 years of any of your prior DUIs. In the state of Florida, a third DUI within 10 years of any prior DUI is considered a third-degree felony. Here are some of the punishments that you may face if you are convicted of a third DUI.
Jail Time
If your third DUI occurs within 10 years of any prior DUI, you will face mandatory jail time in the state of Florida. This will be a 30-day minimum sentence, and if your DUI occurred within 10 years of another, you can spend up to five years in jail.
Car Impoundment
If convicted of a third DUI, your car will be automatically impounded for 90 days. This time period cannot overlap with any jail time you receive.
Fines
Fines start at a minimum of $2000 if your DUI was more than 10 years from your last, and can go up to $5000 if your DUIs occurred within 10 years. If your BAL was more than .15%, or you had a minor in the car at the time of your arrest, your fines will be no less than $4000.
License Suspension
If your third DUI conviction is within 10 years of a prior, a judge must revoke your license for 10 years, with a hardship license possible after two years of suspension. After your fourth DUI conviction, your license will be revoked forever.
In any case where bodily harm is caused by someone driving under the influence, the individual who caused the accident will be charged with a third-degree felony regardless of the number of DUIs they have had in the past. If a driver’s BAL is over .15%, or if there is a minor in the car at the time of arrest, consequences may be harsher. Judges work within established ranges for these consequences, depending on the case.
Being arrested and accused of a DUI, especially your third DUI, is a very serious event. You should contact an experienced criminal defense attorney who can give you guidance through the charges, and who may be able to help you avoid a conviction or lessen the charges against you.
References:
(n.d.). Retrieved April 20, 2017, from http://hsmv.state.fl.us/ddl/duilaws.html
McCurley, A. U. (n.d.). Third Offense DUI in Florida. Retrieved April 20, 2017, from http://dui.drivinglaws.org/resources/florida-third-offense-dui.htm