Third DUI Lawyer | Florida Defense

When is a third DUI a felony in Florida?

A third DUI is a third degree felony when it comes within 10 years of a prior DUI conviction. A conviction carries a mandatory minimum of 30 days in jail and a license revocation of at least 10 years. As a third degree felony, the charge also carries a maximum of up to 5 years in prison and a $5,000 fine.

When the timing is different, the analysis changes, so the date of each earlier conviction shapes the whole case. A fourth or later DUI, by contrast, is a third degree felony regardless of when the earlier convictions happened.

Checking the records behind the 10 year window

A third DUI felony rests on paperwork from earlier cases. The defense gathers those files and checks the conviction dates, whether each earlier case actually ended in a DUI conviction, and whether every record matches the person charged now.

These details carry real weight. The 10 year window decides whether the case is a felony, and the prior record also feeds into sentencing, ignition interlock for repeat offenses and the length of any revocation.

Felony procedure in a repeat DUI case

Because a third DUI within the window is a felony, sentencing uses Florida's Criminal Punishment Code scoresheet. How the prior record appears on that scoresheet affects the calculation, so the defense checks it line by line rather than accepting it as prepared.

The arrest also starts a separate administrative suspension through DHSMV, with 10 days to request a formal review hearing. Booking and bond or a first appearance before a judge usually happen within 24 hours, and discovery follows, including the right in Florida to depose witnesses.

The state still has to prove the new arrest

Prior convictions do not establish the current charge. The state must show impairment of normal faculties, or a breath or blood alcohol level of 0.08 or higher, for this arrest. The review covers the stop, the roadside exercises against NHTSA standards, the Intoxilyzer 8000 records and 20 minute observation period, or the blood collection and lab work.

Motions to suppress can challenge evidence obtained after an unlawful stop. Depending on the evidence, a case may end by dismissal, plea or trial. DUI Lawyers Shield Firm, led by David Cannady, a former Florida prosecutor admitted to The Florida Bar in 2014, reviews both the new arrest and the old records in a third DUI case.

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General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.

Questions about third DUI

No. A third DUI is a third degree felony when it occurs within 10 years of a prior DUI conviction. When the timing falls outside that window, the felony rule based on timing does not apply in the same way, although a fourth or later DUI is a felony regardless of timing. Because so much turns on dates, the records from each earlier case are reviewed early.

A hardship or business purposes only license may be available during some suspensions, but eligibility depends on the type of suspension and the driver's record. With a revocation of at least 10 years after a third DUI within the window, the eligibility questions are more involved than on a first offense. DUI school enrollment is part of the process, and the driving record is the starting point.

A conviction for a third DUI within 10 years of a prior carries a mandatory minimum of 30 days in jail. As a third degree felony, the maximum is up to 5 years and a $5,000 fine, with sentencing calculated on the Criminal Punishment Code scoresheet. Where a sentence actually falls depends on the evidence, the record and how the case is resolved.

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