If you are facing a fourth DUI charge, you are facing license revocation and the possibility of imprisonment. This many DUI charges is considered a felony offense as it indicates repeated behavior.
Melbourne Fourth DUI Attorneys
Any DUI charge is scary, whether you have no offenses on record or multiple. These charges are serious and can eventually lead to consequences as harsh as full license revocation.
If you or a loved one have been charged with a DUI you need to contact an experienced DUI defense attorney immediately.
Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
What is a Fourth DUI?
According to Florida Statutes Section 316.193, a Fourth DUI occurs when an individual is caught driving under the influence of alcohol or drugs for the fourth time. For a person to be convicted of Fourth DUI, a prosecutor must prove the following:
- Driving or Actual Control of a Vehicle: The prosecutor must show that the person was either driving or in actual physical control of a vehicle within the state of Florida.
- Influence of Substances: It must be proven that the person was under the influence of alcohol, chemical substances, or controlled substances to the extent that their normal faculties were impaired.
- Blood or Breath Alcohol Level: The prosecutor must establish that the person’s blood alcohol level was 0.08 or higher, measured in grams of alcohol per 100 milliliters of blood, or 210 liters of breath.
- Prior DUI Convictions: The prosecutor must demonstrate that the person has been convicted of three previous DUI offenses, regardless of how much time has passed since those offenses.
What Are the Penalties for a Fourth DUI?
| Offense | Penalty |
| Fourth or Subsequent DUI Offense (Any Time After Prior Convictions) | Felony of the Third Degree Fine: Not less than $2,000 Imprisonment: Up to 5 years Ignition Interlock: Mandatory for at least 2 years on all vehicles owned or operated by the individual |
| Fourth or Subsequent DUI Offense with BAL of 0.15 or Higher (Any Time After Prior Convictions) | Felony of the Third Degree Fine: Not less than $4,000 Imprisonment: Up to 5 years Ignition Interlock: Mandatory for at least 2 years on all vehicles owned or operated by the individual |
| DUI with High BAL and Accompanied by a Minor Under 18 | Felony of the Third Degree Fine: Not less than $4,000 Imprisonment: Up to 5 years Ignition Interlock: Mandatory for at least 2 years on all vehicles owned or operated by the individual |
Other Consequences
Driver’s License Revocation
For a fourth DUI, the individual’s driver’s license is permanently revoked. There is no provision for hardship reinstatement, meaning the individual loses driving privileges for life.
Probation and Community Service
The court typically places a fourth-time DUI offender on monthly reporting probation. The terms of probation include mandatory participation in community service or public work projects, although the specifics for a fourth offense can vary.
Substance Abuse Course and Evaluation
A fourth-time offender must complete a substance abuse course provided by a DUI program licensed by the state. This course includes a psychosocial evaluation. If the evaluation recommends treatment, the offender is required to complete it as a condition of probation, at their own expense.
Vehicle Impoundment or Immobilization
The court will order impoundment or immobilization of all vehicles owned by the offender for a period of 90 days. This must occur after the period of incarceration, and during the time when the offender’s driver’s license is revoked.
Substance Abuse Treatment Program
A person convicted of a fourth DUI may also be required to complete a residential substance abuse treatment program. Any time spent in this program can count towards their total term of imprisonment.
What Are Potential Defenses in Fourth DUI Cases?
- Improper Traffic Stop: If law enforcement stopped the driver without reasonable suspicion, any evidence gathered during the stop, such as a breathalyzer result or field sobriety test, could be excluded from the case.
- Inaccurate Field Sobriety Tests: Field sobriety tests are subjective and can be influenced by factors such as fatigue, medical conditions, or uneven surfaces. If these factors are present, the results may be challenged as unreliable.
- Faulty Breathalyzer or Blood Test: Breathalyzers must be properly calibrated and maintained. If the device didn’t work correctly or the test was improperly administered, the results may be disputed.
- Violation of Miranda Rights: If the police failed to inform the driver of their rights after the arrest, any statements made by the driver could be excluded from the evidence.
- Inadequate Probable Cause for Arrest: The police must have enough evidence to justify the arrest. If the arrest was made without sufficient probable cause, any evidence obtained after the arrest could be challenged.
- Chain of Custody Problem: The prosecutor has to establish a chain of custody for blood or urine samples. If there are gaps or errors in handling the evidence, it could be tainted and unreliable.
- Medical Conditions: Certain medical conditions, such as diabetes or acid reflux, can produce falsely high BAC readings or cause symptoms that mimic intoxication. These can be used to challenge the accuracy of the results.
Some legal strategies are especially useful in DUI cases, including filing motions to suppress evidence or dismiss charges. Suppression motions challenge the admissibility of evidence, while dismissal motions seek to drop the case entirely due to legal errors.
How Can a DUI Lawyer Defend Me?
Facing a fourth DUI charge is a serious situation. If you’re in this position, you need a lawyer who understands the challenges ahead and can guide you through this difficult time. Here’s how a lawyer can help when you’re charged with a fourth DUI.
First, your lawyer will work to understand the details of your case. This means reviewing the evidence, such as the police report, witness statements, and any breathalyzer or blood test results. Understanding these details is crucial to developing a strategy that fits your specific situation.
Next, your lawyer will explain the potential consequences you’re facing. A fourth DUI offense in Florida can lead to significant penalties, including mandatory jail time, heavy fines, a long-term driver’s license suspension, and even felony charges. Your lawyer will make sure you understand what’s at stake so that you’re prepared for what’s ahead.
Your lawyer will also guide you through the court process. Court procedures can be confusing and overwhelming, especially when dealing with a serious charge like a fourth DUI. Your lawyer will help you handle this process, making sure you know what to expect at each stage, from arraignment to trial.
Additionally, a lawyer can negotiate on your behalf. They might work to reduce your charges or penalties, aiming for outcomes like lesser jail time, reduced fines, or alternative sentencing options. Your lawyer’s goal is to minimize the impact this charge has on your life.
Finally, your lawyer will support you throughout the entire process. Facing a fourth DUI charge is stressful, and having a lawyer by your side can provide some peace of mind. They’ll be there to answer your questions, explain your options, and help you make informed decisions every step of the way.
Frequently Asked Questions
Is there a possibility of avoiding mandatory jail time for a fourth DUI offense? Avoiding mandatory jail time for a fourth DUI offense is highly unlikely in Florida because of the state’s strict DUI laws. However, in some cases, a judge may allow time served in a residential treatment program to count toward the required jail time. This is generally considered on a case-by-case basis and is not a common outcome.
Can a fourth DUI conviction impact other aspects of a person’s life, such as employment or insurance? A fourth DUI conviction can have severe consequences beyond legal penalties. It can lead to job loss, especially in professions requiring a clean driving record or professional licensure. Additionally, insurance rates will increase significantly, and many insurance companies may refuse coverage altogether. The conviction also remains on the individual’s criminal record, affecting future employment opportunities and other aspects of life.
Are there any penalties for refusing a breathalyzer test for a fourth DUI arrest? Yes, refusal to submit to a breathalyzer test could result in additional penalties, including an automatic license suspension (which may not matter given the permanent revocation) and potentially being used as evidence against the individual in court.
What happens if the fourth DUI involved an accident causing injury or death? If the fourth DUI involved serious bodily injury or death, the penalties become significantly more severe, including the possibility of higher felony charges, longer prison terms, and higher fines. DUI manslaughter, for example, can lead to a second-degree felony charge.
Additional Resources
Florida Statutes Section 316.193 – This Florida law outlines the legal consequences for driving under the influence (DUI) in Florida. It covers the specific blood-alcohol levels that are considered illegal and the corresponding penalties. The law also covers enhanced penalties for repeat offenses, DUIs involving minors, and incidents that result in serious injury or death. It addresses the mandatory use of ignition interlock devices for certain offenders and the requirements for substance abuse evaluation and treatment.
Drugs and Driving – This resource from the Florida Department of Highway Safety and Motor Vehicles provides information on the risks and legal implications of driving under the influence of drugs. It explains how various substances, including prescription and over-the-counter medications, can impair driving abilities. The Department advises drivers to check medication labels for warnings and to consult a doctor or pharmacist if unsure about the effects of a drug.
The Lifelong Impacts of Multiple DUIs – This article discusses the long-term consequences of multiple DUI convictions, including the impact on legal standing, career prospects, relationships, and mental health. It highlights how repeat offenders face harsher legal penalties, such as longer prison sentences, higher fines, and mandatory participation in rehabilitation programs. The piece also explores the social stigma attached to multiple DUIs and the emotional toll it takes on offenders and their families. Additionally, it addresses the financial burden because of increased insurance premiums and legal fees.
Worst States For Drunk Driving In 2024 – This Forbes article ranks the worst states for drunk driving in 2024, based on metrics like the number of DUI arrests, fatal crashes involving drunk drivers, and the percentage of traffic deaths caused by impaired driving. The article also covers consequences of a DUI on car insurance rates, noting the significant increase in premiums and the difficulty of obtaining insurance after a DUI conviction.
Hire a Fourth DUI Attorney in Brevard County, FL
If you or a loved one have been charged with a DUI you need to contact an experienced DUI defense attorney immediately.
Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
