A 3rd DUI in Florida can be very serious. Depending on the amount of time that has elapsed from your last arrest, it can be charged as a felony.
How do they determine if a 3rd DUI is a felony or misdemeanor?
If your last DUI arrest and conviction was more than ten years before the current charge, it is a first degree misdemeanor. If your current DUI arrest was less than ten years from your second DUI arrest then it can be charged as a felony!!! ALL THE CONVICTIONS DO NOT HAVE TO BE IN A TEN YEAR PERIOD!!
What do you mean by not all convictions have to be in ten years?
Let’s say that your first DUI conviction was in 1989, and your second DUI conviction was in 1999. If you are arrested today your charge is a misdemeanor. More than ten years has elapsed since your second conviction and this arrest. This DUI charge is known as a “3rd outside of 10.”
Now let’s say that your first DUI conviction was in 1989, and your second conviction was in 2012. If you are arrested today for a third DUI, it will be a felony. This is because there is less than ten years between your last conviction in 2012 and today. Even though the first one was over 10 years ago, it is the date of the last conviction that sets the 10 year limit for the felony charge. This DUI charge is known as a “3rd within 10.”
What is the maximum jail for a 3rd DUI?
If you have a 3rd DUI outside of 10 years, you can face up to one year in jail whether you blew over a 0.15 or not.
If your current DUI arrest is a “3rd within 10” is punishable by up to five years in the Department of Corrections!! This means the maximum sentence involves five years in prison. Also, there is a MANDATORY 30 day sentence that must be imposed. Mandatory means that 30 days is the least amount of jail that you can receive for the charge.
How much of a fine will I owe?
For a third DUI, there is a minimum $2000 fine, (if your blow was over a 0.15 the minimum fine is $4000). The maximum fine is $5000!!! This fine is in addition to any court costs or fees that the judge may impose.
How long will my license be suspended?
If you are convicted of a “3rd outside of 10” there is a one year license suspension of your license.
If you are convicted of a “3rd within 10” your license will be suspended for ten years!
What other penalties will I receive if I am convicted of a 3rd DUI?
Whether your third DUI is a felony or misdemeanor, upon conviction the court will order a 90 day vehicle impoundment. This means you will have to pay for your car to be impounded, or for a boot to be placed on your vehicle for three months.
The impound can NOT occur while you are in jail! You have to be out for the impound to take effect.
An ignition interlock is a device that you blow into to start a car. If there is alcohol on your breath the car won’t start.
There is a minimum mandatory 2 year ignition interlock requirement for any vehicle you own or drive. The judge can order longer than the two year period if they feel it is necessary.
Probation and DUI School
For a “3rd within 10”You will also be placed on one year of reporting probation through the Salvation Army to complete DUI school through the DUI Counterattack Hillsborough, Inc. and be ordered to obtain a substance abuse evaluation and complete any recommended treatment.
If your case is charged as a felony you will be supervised by the probation department of the Florida Department of Corrections. You will also have to attend the mandatory DUI School and substance abuse evaluation offered through DUI Counterattack. This includes attending and completing any substance abuse counseling that is ordered through DUI school.
In both cases you will also have to attend a victim impact panel that meets one time.
For both misdemeanors and felonies you will have to report at least once a month to your probation officer so that they can monitor your progress.
A third DUI is a serious matter. It is costly, and if you are convicted of a felony you can lose some of your civil rights. These include the right to vote or carry a firearm. Do not leave your case to chance. The law offices of Finebloom, Haenel & Higgins have years of experience in DUI cases. There is no issue we have not litigated. Call the attorneys of Finebloom, Haenel & Higgins at 1-888-781-9696 and let us fight your case today!