A third DUI offense in Florida carries serious penalties for convicted drivers. While most first or second DUI charges are misdemeanor offenses, a third DUI can be charged as a third-degree felony.
Penalties for a third-time DUI in Key West can include jail time, fines, probation, suspension of your driver’s license, and mandatory drug and alcohol treatment. If the police arrest you for DUI as a third offense, you need experienced legal guidance. The skilled DUI defense attorneys at Keys Criminal Defense, PLLC are here so you don’t go to court alone. Reach out to us today to schedule your consultation and begin fighting for your rights.
What Does the Law Say About Third-Time DUI?
First and second offenses for DUI are misdemeanors punishable by jail, fines, and other associated penalties. If a driver commits a third DUI offense, the consequences are more severe. In Key West, under Florida Statute § 316.193, committing a third DUI within 10 years of the previous two DUI convictions makes the charge a third-degree felony. This means that time in prison is a possible consequence of conviction. A third DUI that causes serious bodily injury or death can also lead to enhanced charges and penalties.
A driver can be charged with DUI if alcohol, drugs, controlled substances, or prescription medication caused impairment. To support a third-time DUI conviction under state law, prosecutors must first establish beyond a reasonable doubt that the driver had actual physical control of a vehicle. They must then prove that while operating or in control of the vehicle, the driver had a blood-alcohol content of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath or was under the influence of alcohol, a chemical substance, or a controlled substance to the point that their driving ability was impaired. Finally, they must show that the defendant was previously convicted of DUI at least two times within the past 10 years.
Officers must have had probable cause or a reasonable suspicion of criminal activity to make the traffic stop. Our experienced DUI defense attorneys could use all available evidence, including camera footage, lab reports, lab testing methodology, and witness statements, to hold the prosecution to their burden of proof.
Penalties for a Third-Time DUI
State law imposes strict penalties for third-time DUI offenders. Typical penalties after a third DUI conviction within 10 years can include:
- Mandatory jail time, and the possibility of up to five years in prison if the case was charged as a third-degree felony
- Fines up to $5,000
- License suspension for up to 10 years
- Installation of an ignition interlock device for two years
- Vehicle immobilization or impound
- Mandatory probation and community service
- DUI school courses
- Alcohol and/or drug treatment (including inpatient treatment)
If the police arrest you for a third DUI offense, you may be facing serious consequences. You must obtain legal guidance that stays in touch throughout your case and listens to your concerns. Our Key West lawyers understand the severity of third-time DUI charges, and we are ready to handle your case and work toward a favorable resolution.
Contact Our Key West Team if You Are Facing Third-Time DUI Charges
A third-time DUI in Key West carries serious consequences, including jail time, fines, and driver’s license revocation. It is essential to contact experienced legal representation to fight for your rights. If the police charge you or someone you know with a third-time DUI, reach out to the attorneys at Keys Criminal Defense, PLLC to schedule a consultation.
