The third DUI arrest can result in severe sanctions including a ten (10) year suspension of your driver's license. These cases can be charged as a felony if the DUI arrest occurred within 10 years of any prior DUI conviction. Hiring an attorney within the first 10 days after the arrest is important for several reasons. First, your attorney will need to demand a formal review hearing within 10 days of the arrest. Secondly, your attorney should contact the State Attorney's Office to provide any evidence in mitigation that may convince the prosecutor to file the case as a misdemeanor instead of a felony.
The statutory minimum penalties for a third DUI depend on whether the prior DUI conviction occurred within the last 10 years or outside of a ten year period. Throughout the years, Don Pumphrey, Jr., has represented many people charged with a third or subsequent drunk driving offense in Florida.
Tallahassee Third DUI Defense Attorney
If you have been arrested and charged with a third DUI, then contact an experienced criminal defense attorney to discuss what you need to do today to fight the case. Call us to discuss any third DUI for Tallahassee in Leon County and the surrounding areas in North Florida's Big Bend region including Crawfordville in Wakulla County, Bristol in Liberty County, Quincy in Gadsden County, Monticello in Jefferson County, and Florida.
Back to top
The DMV's Civil Case to Suspend Your Florida Driver's License
Especially for a third lifetime DUI arrest, no downside exists to demanding an administrative hearing to protect your driver's license. If you prevail you may be able to drive without any restrictions while your DUI criminal case is pending. Even if you do not ultimately prevail at the formal review hearing, the evidence and testimony gained during that formal review hearing may assist your attorney in fighting the criminal DUI charges in court.
After the DUI arrest, the officer will take your driver's license and issue you a 10 day driving permit if you are eligible. You must file a demand for a formal review hearing within those ten (10) days or your driver's license will be automatically suspended for either twelve months or eighteen months depending on whether you submitted to the breath test or not and whether you have previously refused to submit to a breath test.
- Breath Test: If you blew over the legal limit of 0.08 a twelve (12) month suspension would be imposed for the third DUI. No hardship license, business purpose only license, or employment purpose only license would be permitted during the entire twelve (12) month period.
- First Refusal to Submit to a Breath Test: If you refused to submit to a chemical test and none of the prior DUI offenses involved a refusal, then a twelve (12) month suspension will be imposed with no opportunity to obtain a hardship license during that entire twelve (12) month period.
- Second Refusal to Submit to a Breath Test: If you refused to submit to a chemical test and at least one of the prior DUI offenses involved a refusal, then an eighteen (18) month suspension will be imposed with no opportunity to obtain a hardship license during the entire eighteen (18) month period.
If you blew under the legal limit and then submitted to a urine test, no administrative action will occur. Likewise, if you submitted to a blood test the officer does not typically take your driver's license and initiate an administrative action.
Back to top
The Forty-Two (42) Day Driving Permit
If during the 10 days after your arrest for a third DUI you retain an attorney to demand the formal review hearing, your attorney can often help you obtain a 42 day driving permit. If you are eligible, during those 42 days you can continue driving for business purposes while your attorney prepares for the formal review hearing. Find out more about administrative license suspension hearings for DUI cases in Leon County, FL and the surrounding areas.
Back to top
Avoiding the Minimum Mandatory Punishments for a Third DUI Conviction
The penalties for a third DUI depend on whether the prior DUI occurred within ten years or outside of a ten year period as shown by the driving record. In certain cases you may be required to provide your out of state driving record. Even if the prosecutor does not treat the case as a third DUi for sentencing purposes the DMV may still impose the suspension period for a third DUI. A prior DUI can include any DUI, BUI, or alcohol related driving offense from another state such as DWI.
Back to top
Florida Law on Third DUI Outside of 10 Years
Under Florida law, if a prior DUI conviction occurred more than 10 years before the most recent arrest then the offense can be charged as a first degree misdemeanor with the following minimum mandatory provisions.
- Jail Time: For a third DUI outside of 10 years, the court must impose at least 30 days of jail with at least 48 hours being served consecutively. The maximum statutory limit is 12 months in jail.
- Driver License Revocation Periods: The court must impose a driver license revocation period of between 180 days and up to 12 months.
- Probation: The court must impose up to twelve (12) months probation.
- Fine: The court must impose a fine of at least $2,000 and up to $5,000. If the breath or blood alcohol result is .15 or higher or if a minor child was in the car then a fine of at least $4,000 must be imposed.
- Impoundment of Vehicle: The court must order that the defendant's vehicles are impounded for 90 days after any period of incarceration is served.
- DUI School: The court must order DUI school, which would normally require the driver to complete a Level II class which includes substance abuse evaluation and requires completion of any recommended follow up treatment; and
- Ignition Interlock Device: After a third DUI conviction the court must impose at least a 24 month period that the driver must install the ignition interlock device.
Back to top
Florida Law on Third DUI in Florida Within 10 Years
Under Florida law, if the third DUI occurs within 10 years of any prior DUI conviction, then the offense can be charged as a third degree felony:
- Incarceration: Mandatory imprisonment of at least 30 days with at least 48 hours being served consecutively. The statutory maximum sentence is five years in Florida State Prison.
- Driver's License Revocation:
- Any third offense not within ten (10) years of second conviction will result in a 6 month to one year revocation, unless the last two of the convictions fall within five (5) years in which case a five year revocation will apply. During that period, the defendant is not eligible for a hardship license. Instead, the defendant must wait out the entire revocation period.
- A third offense within ten (10) years of second conviction will result in a ten (10) year revocation. The defendant must serve two (2) years of this revocation period before being eligible to apply for a hardship license in the Administrative Review Office where the defendant lives. In order to be eligible for a hardship license, the Defendant must complete DUI School, an any recommended treatment, and a favorable recommendation from the Special Supervision Services Program. If given approval to reinstate early for hardship, the defendant must present this approval to the driver license office. The defendant must remain in the Special Supervision Services Program for the duration of the revocation period to retain the hardship license.
- Fine: The court can impose a fine of up to $5,000. If the breath or blood alcohol reading was at a .15 or above, or if a minor child was in the automobile then the court must impose a fine of not less than $2,000 or more than $5,000.
- Vehicle Impoundment: The court must order the defendant's vehicle be impounded for ninety (90) days unless the defendant can show the impoundment would present a hardship to a family member.
- Ignition interlock device: The court must impose the ignition interlock device for at least twenty-four (24) months.
- DUI School: The court will require the driver complete DUI school as a condition of probation which includes both classroom instruction, a substance abuse evaluation and completion of any recommended follow up treatment.
Back to top
The Law Offices of Don Pumphrey, Jr. | Third DUI Lawyer in Tallahassee
After an arrest for a third DUI the stakes are high. Obtaining an experienced Tallahassee drunk driving defense attorney early in your case may make a huge difference in how the case is resolved. Contact our office for any driving under the influence (DUI) charge in Tallahassee for Leon County or any of the surrounding counties in North Florida's Big Bend region including, Bristol in Liberty County, Quincy in Crawfordville, Monticello in Jefferson County, and Crawfordville in Wakulla County, Florida.