Recently on our forum a driver asked what kind of penalties they could expect for a third Florida DUI conviction. Drivers can be arrested in the state of Florida for DUI if their blood alcohol content (BAC) is above the legal limit of 0.08% or higher or if they have a BAC of any amount if the state has evidence that they were not able to safely operate their motorized vehicle. If you are a minor you can be arrested with a BAC of 0.02% or higher.
Obviously, the state of Florida considers drunk driving a serious criminal offense and has implemented tough Florida DUI laws to fight against it. Before we discuss Florida DUI penalties it is important that drivers understand how Florida DUI look back laws or washout periods will affect their Florida DUI. Florida has a 10 year look back period so if you committed your last Florida DUI within 10 years the courts will use that conviction to enhance your current drunk driving penalties if you are convicted for a second, third or fourth drunk driving charge.
Penalties for third drunk driving conviction with previous DUI more than 10 years ago
Drivers who are convicted of DUI but who have not been arrested and convicted of their second DUI within 10 years will face a fine of $2,000 – $5,000, up to 12 months in jail, a mandatory 2 year ignition interlock installation, a one year license suspension and probation for up to one year. Drivers may also have to attend a DUI School or other court approved substance abuse counseling, a psychosocial evaluation, 50 hours community service, and will have their vehicle impounded for ninety-days.
Penalties for third drunk driving conviction with previous DUI less than 10 years ago
Drivers who are convicted of DUI but who have been arrested and convicted of their second DUI within 10 years will face severe fines and penalties: fines of $2,000 – $5,000, 30 days to five years in jail, a mandatory 2 year ignition interlock installation, a mandatory 10 year license suspension (may be eligible for a hardship reinstatement after two years) and probation for one year. Drivers may also have to attend a DUI School or other court approved substance abuse counseling, a psychosocial evaluation, 50 hours community service, and a ninety-day vehicle impoundment.
Getting a hardship license after a third DUI conviction in Florida
Drivers convicted of a third DUI within 10 years of their previous DUI conviction will face a 10-year Florida license revocation. Drivers may apply for hardship reinstatement hearing after two years, but they must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period.
Drivers who fail to report for counseling or go to treatment will have their hardship license cancelled. Applicants may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for two years (the information above is provided by the Florida DMV).
Hiring a DUI lawyer
As you can see from above, Florida’s penalties for a third DUI are very serious, and it is important to contact a DUI lawyer immediately.
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