Third DUI

A third DUI in Florida can be charged as either a felony offense or a misdemeanor offense, depending on whether any prior conviction occured within 10 years under Florida Statute 316.193(1),(2)(a)-(b), and (6)(c).

A DUI case can involved a breath test, blood test or urine test, or a refusal to submit to testing. The penalties for a third DUI are particularly harsh, especially when it comes to the consequences to your driving privileges.

If you have been convicted of two prior DUI cases, and at least one of the prior offenses was within ten years of the current DUI arrest date, then you can be charged with a felony. If the current DUI arrest is more than 10 years after the last DUI conviction, then the offense can only be charged as a misdemeanor.

Attorneys for a Third DUI in Palm Beach County, FL

If you were arrested for a third DUI in Palm Beach County, FL, then contact an experienced drunk driving defense attorney at Meltzer & Bell, P.A.. Our attorneys are experienced fighting a breath test, blood test, urine test, or refusal to submit to chemical testing in Palm Beach County, FL.

We can help you protect your driving privileges by demanding a formal review hearing. We can help you obtain a 42-day permit while we fight to invalidate the administrative suspension. We also help you fight the criminal case at court during each stage of the case.

Contact us for a free consultation to discuss the charges pending against you, whether the offense will be counted as a first, second or third DUI, whether it occurred within 10 years of any prior offense, and the best defenses to fight the charges.

Call (561) 557-8686 today.


Punishments for a Third DUI within Ten Years

When a third DUI within 10 years is charged as a felony, the crime has a severity ranking classification as a Level 3 offense under Florida's Criminal Punishment Code. The punishments for a third DUI within ten years of a prior conviction include:

  • up to five years in prison or probation;
  • a ten year driver license revocation;
  • a $5,000 fine;
  • 90 day immobilization of all vehicles owned by the defendant;
  • requirement for the ignition interlock device to be installed for two years;
  • completion of Level II DUI School (a twenty-one hour DUI Substance Abuse Course) plus any recommended follow up treatment; and
  • 50 hours of community service.

Additionally, the court must impose a minimum $4,000 fine if the person is convicted of a third DUI offense had a breath or blood alcohol level of .15 or higher; or had a minor child passenger in the vehicle during the DUI offense.


Contact a DUI Defense Attorney in Palm Beach County, FL

After an arrest for a Third DUI within Ten Years of a Prior DUI Conviction, contact an experienced DUI defense attorney at Meltzer & Bell, P.A.. With offices in West Palm Beach, FL, the attorneys at Meltzer & Bell, P.A. are ready to help.

Whether your case is charged as a felony or a misdemeanor, let us help you aggressively fight the charges.

Call (561) 557-8686 today.


This article was last updated on Friday, April 27, 2018.

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