Third DUI

If you have been charged with a third DUI, you are facing serious charges. This piece aims to provide a clear understanding of what a third DUI offense entails under Florida law, including criminal penalties, license penalties and other punishments.

Palm Beach Third DUI Defense 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 third 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 Third DUI?

According to Florida Statutes Section 316.193, the prosecutor must prove the following:

1. The person was operating or in physical control of a vehicle in the state of Florida.
2. The person was under the influence of alcohol, a chemical substance, or a controlled substance, to the point that their faculties were impaired.
3. The person’s blood-alcohol level was 0.08 or higher per 100 milliliters of blood or 0.08 grams or more of alcohol per 210 liters of breath.
4. This is the third time the person has been convicted of a DUI, with at least one previous conviction occurring within the past 10 years.

What Are the Penalties for a Third DUI?

Other Potential Consequences

Probation: A person convicted of a third DUI offense may be placed on probation. During this time, they are required to comply with various conditions. The probation also typically includes monthly reporting to a probation officer and may involve regular monitoring.

Ignition Interlock Device: The court may order the mandatory installation of an ignition interlock device on all vehicles owned or operated by the convicted person. This device prevents the vehicle from starting if the driver has been drinking alcohol. The duration of this requirement is typically at least two years.

Vehicle Impoundment or Immobilization: The court may order the impoundment or immobilization of all vehicles owned by the person convicted of a third DUI offense for 90 days. This means the vehicle is either physically restrained from being used or stored at a secure facility.

Community Service: The person may be required to complete a specified number of community service hours. The court may order public service or a community work project for a minimum of 50 hours as a condition of probation.

Substance Abuse Treatment: Third-time offenders must complete a substance abuse education course. This program, provided by a licensed DUI program, includes a psychosocial evaluation to determine if further treatment is necessary. If treatment is recommended, it becomes a condition of probation, and the offender must attend and complete it. Failing to complete the treatment could result in a violation of probation and the suspension of driving privileges.

Sobriety and Drug Monitoring Programs: In addition to the ignition interlock device, the court may order participation in a qualified sobriety and drug monitoring program. This program regularly tests the offender for alcohol or drug use through various methods, such as breath tests, transdermal alcohol monitoring, or random blood, urine, or oral fluid testing.

License Revocation: For a third DUI within 10 years, the offender’s driver’s license will be revoked for at least 10 years. After two years, the offender may apply for a hardship license but must demonstrate compliance with all probation requirements. Also, to qualify, the person must complete DUI school and stay in a DUI supervision program throughout the revocation period. During this time, they must not drink alcohol or use controlled substances, nor can they drive.

Professional License Revocation: A third DUI conviction can have serious consequences for those holding professional licenses, particularly in fields like law, medicine, or education. Depending on the severity of the offense and whether it is deemed to affect the individual’s professional conduct, regulatory boards may impose disciplinary actions. These actions could include suspension or even revocation of the professional license.

What Are Potential Defenses in Third DUI Cases?

• Improper Stop: The defense may argue that the officer lacked a valid reason to stop the vehicle. If the stop was made without reasonable suspicion of a traffic violation or criminal activity, any evidence obtained as a result of the stop could be challenged.
• Faulty Breathalyzer Test: The defense may claim that the breathalyzer device was not properly calibrated or maintained. If the device was not functioning correctly, the accuracy of the test results can be disputed.
• Inaccurate Field Sobriety Tests: The defense could argue that the field sobriety tests were not conducted correctly or that the tests are unreliable indicators of intoxication. Factors like medical conditions, poor lighting, or uneven surfaces may affect the results.
• Blood-Alcohol Testing Errors: The defense might question the procedures used during blood-alcohol testing. This includes issues like improper collection, storage, or contamination of the blood sample, which could lead to inaccurate results.
• Medical Conditions: The defense might present evidence that the defendant has a medical condition that mimics signs of intoxication, such as diabetes or a neurological disorder, leading to a false assumption of impairment.
• Lack of Evidence of Actual Control: The defense could argue that the defendant was not in actual control of the vehicle at the time of the alleged offense, such as when the defendant was found sleeping in a parked vehicle without the engine running.
• Violation of Miranda Rights: The defense might assert that the defendant’s Miranda rights were violated during the arrest, which could result in the suppression of any statements made by the defendant while in custody.
• Illegal Search and Seizure: The defense might contend that any evidence obtained from the vehicle or the defendant was the result of an illegal search or seizure, violating the Fourth Amendment rights of the defendant.

What Can a Third DUI Lawyer Do For Me?

Facing a third DUI charge is a serious situation, and having a lawyer on your side can make a big difference in how your case is handled. An experienced DUI lawyer can guide you through the process and help you understand what to expect.

First, your lawyer can explain the charges against you and the potential consequences. This includes fines, jail time, license suspension, and mandatory programs. Understanding what’s at stake is crucial, and your lawyer can break it down in a way that makes it clear.

Next, your lawyer can handle all the legal paperwork and court procedures. This can be overwhelming and confusing, especially if you’re unfamiliar with the legal system. Your lawyer takes care of filing documents, meeting deadlines, and making sure everything is in order, so you don’t have to worry about the details.

Additionally, your lawyer can talk to the prosecutor on your behalf. They can negotiate to try to reduce your charges or penalties. This might involve getting a lesser sentence or arranging for alternatives to jail time. Having someone who knows the system and has connections can be very helpful in these situations.

Your lawyer will also prepare you for court. This includes advising you on what to say, how to present yourself, and what to expect during the proceedings. Knowing what’s coming can ease some of the anxiety and help you feel more confident.

Finally, your lawyer can provide advice on steps you can take outside of court to show the judge you’re taking the charge seriously. This could include enrolling in alcohol education programs or seeking counseling.

Frequently Asked Questions

What happens if someone refuses to take a breathalyzer test during a third DUI arrest? If someone refuses a breathalyzer test during a third DUI arrest in Florida, their driver’s license may be automatically suspended for 18 months. Additionally, this refusal can be used as evidence against them in court, potentially leading to harsher penalties. Florida’s implied consent law requires drivers to submit to chemical testing when lawfully arrested for DUI.

Can a third DUI offense lead to permanent license revocation? A third DUI conviction in Florida does not automatically lead to permanent license revocation. However, it can result in a minimum 10-year revocation, with eligibility for a hardship license after two years. The court and the Florida Department of Highway Safety and Motor Vehicles have discretion in determining the terms and conditions for reinstatement of driving privileges.

What happens if a third DUI offense involves a minor in the vehicle? If someone is convicted of a third DUI offense in Florida while a minor (under 18) is in the vehicle, the penalties are more severe. This can include higher fines and longer imprisonment.

What impact does a third DUI conviction have on professional licenses in Florida? A third DUI conviction can have serious repercussions on professional licenses in Florida, particularly in fields like law, medicine, and education. Regulatory boards may impose disciplinary actions, which could include suspension or revocation of the professional license, depending on the severity of the offense and whether it is deemed to affect the individual’s professional conduct and responsibilities.

Additional Resources

Florida Statutes Section 316.193 – This Florida law outlines the laws related to DUI in Florida. It defines what constitutes DUI, including blood alcohol levels and the influence of controlled substances. The law covers the penalties for first, second, third, and subsequent offenses, including fines, imprisonment, and the mandatory use of ignition interlock devices. Additionally, it covers situations that involve accidents, serious bodily injury, or death resulting from DUI.

Impaired Driving Facts – This page from the CDC provides important statistics and information on impaired driving in the United States. It highlights the dangers and consequences of driving under the influence of alcohol and drugs. The data shows the prevalence of impaired driving and its impact on public safety, including the number of fatalities each year. The page also discusses the demographics most affected by impaired driving and the economic costs associated with alcohol-related crashes.

Alcohol Confirmed Motor Vehicle Traffic Crash Fatalities – This resource provides data on motor vehicle fatalities in Florida where alcohol was a confirmed factor. It offers county-level statistics, allowing for comparisons across different regions. The data highlights trends over the years and provides a rate of fatalities per 100,000 residents. This information helps to understand the impact of alcohol on road safety in specific areas.

Drunk Driving – The National Highway Traffic Safety Administration (NHTSA) page discusses the dangers of drunk driving and its legal consequences. It explains how alcohol impairs driving ability and increases the risk of accidents. The page also provides statistics on the number of fatalities because of drunk driving and includes information on preventive measures, such as the use of ignition interlock devices and public awareness campaigns to reduce drunk driving incidents.

Hire a Third DUI Defense 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.