What is Considered a 3rd DUI Conviction in Florida?
A Florida 3rd offense DUI is a serious matter, especially because the penalties are substantially stricter than they are for a 1st or 2nd offense. Florida DUI manslaughter is a felony for which prison time is most certain. A 3rd offense DUI is charged as a felony as well. There are mandatory minimum jail time requirements that must be considered and adhered to. Florida Statutes 316.1933(2) state: "A person convicted of violating this section may not be sentenced to less than: (a) If the conviction is for a third violation and the previous conviction was within 10 years of the date of the new offense, the minimum term of imprisonment is: (I) Thirty days, if the person failed to complete a DUI program and had no blood alcohol levels; or (ii) Sixty days, if the person failed to complete a DUI program and had a blood-alcohol level of .08 or higher.
Yes, a 3rd offense DUI in Florida is a felony. Florida Statutes 316.1933(a)(3) states: "A person who is in violation of subsection (1) commits a felony of the third degree, punishable by up to 5 years imprisonment, by a fine of up to $5,000, or by both." As stated above, a third DUI offense will be charged as a felony and needs to be taken seriously.
Another reason that a Florida 3rd offense DUI results as a felony is because the penalties, the fines and the prison time are higher and harsher than for a 1st or 2nd offense. If the past conviction was not within the 10 year timeframe, the penalties would be as follows: "A minimum term of imprisonment of 12 months. The court shall provide the offender with a minimum sentence of 2 years’ probation and may impose any other lawful conditions of probation." Florida Statutes 316.1933(a)(1) regardless if their BAC was .08% or higher. This is why Florida is one of the 12 states in which a BAC Reading of .08% or higher is not needed in order to be convicted of DUI (Driving Under the Influence) , driving while your ability is impaired.
Restitution for a 3rd DUI Offense in Florida: If the offender caused bodily injury to another person as a result of violating the statute, restitution may be ordered. Under Florida Statute 316.193(6), restitution for a DUI manslaughter conviction is required (no discretion for the judge). If the DUI resulted in damage, loss to another’s property, "the offender must pay restitution to the victim of the offense pursuant to s. 775.089, and if applicable, restitution to the Department of Corrections for its costs of incarceration." Florida Statute 316.193(7).
Regardless of whether there was a previous DUI conviction, and the current DUI has caused serious bodily injury or death to another, restitution may be ordered. Florida Statute 316.193(6) states: "If at the time of the offense of driving under the influence of alcoholic beverages, chemicals, or controlled substances as described in subsection (1) the driver causes a crash that results in the serious bodily injury of another person, the driver commits a felony of the third degree."
If, at the time of the DUI, the offender was driving on a suspended license, Florida Statute 322.34 states in subsection (1): "any person whose driver’s license or driving privilege has been canceled, suspended, or revoked and who drives a motor vehicle upon the highways of this state while such license or driving privilege is canceled, suspended, or revoked, and any person whose driver’s license or driving privilege has been canceled, suspended, or revoked who thus drives a motor vehicle without a license in his or her possession, is guilty of a misdemeanor of the first degree, punishable as provided in section 775.082 or section 775.083."
Criminal Penalties for a 3rd DUI Conviction
Certain simple legal penalties apply for a 3rd DUI. However because it is a felony it carries a risk of incarceration. A judge may order either home confinement or an intensive rehabilitation as alternatives to incarceration. Clearly, the possible jail time is the most important part of the DUI process. There are many levels of incarceration. For those filing charges for a 3rd DUI it is vital to show the court that the accused is both a danger to no one and the accused is amenable to treatment.
A third DUI charge carries a mandatory period of incarceration. There is a minimum of 30 days. However, that minimum can be served as home confinement, rehab, or split into 10 days at a time. Further, there are several possible penalties for a third DUI offense:
1 – Misdemeanor community service is 10 days
2 – Misdemeanor community service is 30 days
3 – Misdemeanor community service hours of whatever makes the court happy. Generally this is 240.
Further all third DUI sentences must assess a fine to the convicted person. A conviction for a third DUI in Florida may assess a $2,000 flat fine.
In addition, the judge must order 50 hours of community service and 18 months of DUI School.
Finally, the particular bail amounts for a third DUI charge can be thousands of dollars.
But all of this presumes you are not going to go to jail. So what then happens? There is a mandatory incarceration when you get a habitual violator designation. Basically, habitual violator means if you have three DUI convictions over a 10 year period, you are a habitual offender. If you get a habitual designation and still do the wrong thing while on probation, you face a four year prison sentence. Furthermore the judge has discretion to make the time served in state prison, county jail, or simply house arrest.
Revocation of Driving Privileges
A third conviction for DUI has significant impacts on a person’s right to drive. Unlike previous DUIs, Florida mandatories require a longer (minimum 10 year) revocation of a person’s driver’s license. Depending on the circumstances of the DUI, a hardship license may be available after 2 years of revocation. Even if the Court grants a hardship license, only the Florida Department of Highway Safety and Motor Vehicles (DHSMV) can reinstate a Florida driver’s license. If the defendant has out-of-state license or is required to get an occupational (business) license in another state, DHSMV may or may not recognize them as eligible. The reinstatement process is much more difficult than after a second offense DUI conviction.
Mandatory DUI Programs and Evaluations
Substance abuse education cautions about the dangers of drug and alcohol use. Required programs and evaluations are different and more intense after a third DUI. There are different requirements for first and third DUIs. DUI schools are only for the people who were convicted of DUI, not those who refused a breath test. An arrest without a conviction doesn’t trigger DUI school or evaluation. Drug tests, classes, and evaluations reveal a lot of information about users – even if they don’t know it yet. These programs cost money. You have to enroll and pay for them when you’re supposed to be paying your bill when your license has already been suspended. But there’s a good reason why: While only a few DUI cases cause injury, impairment and over-immersion in drugs and alcohol are widespread. Programs help get people off the bottle.
COURSE SUSPENSIONS
The dealer will suspend your DUI school enrollment for these reasons:
- Failure to enroll
- Failure to complete the program in its entirety
- New DUI arrest
- Driving with a suspended license
- VOP
- Out-of-state license suspension
- Conviction of a DUI in another jurisdiction
- Not obtaining records from your home program
The school can’t suspend enrollment during these actions:
- Appeal
- Relying on a self-help program (non-Department of Highway Safety & Motor Vehicles [DHSMV] sanctioned)
- Not submitting documentation of enrollment/intake – If you’re doing the course out of state
- Doing pre-enrollment before getting sentenced
- Case closed (insufficient evidence)
- Failure to complete a preliminary screening test
COURSE REQUIREMENTS
Level I: This is a 12-hour course, which usually meets for four hours once a week for three weeks. It includes a risk assessment and group counseling. Level II: The Level II class is bigger and longer – 21 hours, while the case manager can suggest placement in a 30-day program. Classes usually last 2 hours and 45 minutes each week, for seven weeks. It includes 7-14 hours of individual and group counseling, and "individual risk assessment and determination of the need for continuing intervention services." NOTE: The Florida Department of Law Enforcement has a complete list of approved DUI school programs. The DUI courts and the Department of Highway Safety and Motor Vehicles keep their own school attendance data. Your enrollment might be delayed while authorities are trying to ascertain that the required programs are complete.
How the Legal Process Works
The legal process for a 3rd DUI charge in Florida begins reasonably close to the arrest. The County Court system usually has a list of DUI information and instructions, however a person facing a 3rd DUI arrest is best off contacting an attorney as soon as possible to review the specifics. This might mean talking with the attorney before the arraignment or before making that first court appearance. A hearing before the court might not be needed. Most times, a person facing a 3rd DUI arrest in Florida will need to appear before a Judge at least once. The first court appearance will be an arraignment on the DUI charge. If the person refuses the breath test or submits to the breath test with a result over .150, there will also be a hearing or series of hearings for the Department of Highway Safety and Motor Vehicles to determine whether the driving privilege can be revoked or suspended for a year or more. Because most County Courts, especially in larger cities like Miami-Dade, are very crowded, it is not unusual that a DUI case could take many months to resolve . The longer it takes to resolve the case, the better it might be for the Defendant, but the longer it takes, the more time there could be to do something, like taking the wrong plea deal or losing a DMV hearing. In many cases, there’s a good chance that an attorney can get the DUI charges dismissed, unless it involves an accident with an impaired driver who is at fault for the crash. If the case is tough to prevail on, there should be plenty of time to negotiate a deal to reduce the total charge to a less serious offense. The general rule is frozen until the last minute, unsupported offers might be rejected. All kinds of plea bargains are available to a person facing a 3rd DUI in Florida. Perhaps the standard plea bargain to a wet reckless charge will be offered to someone who is a less than serious danger to the public. Local custom plea deals which are offered will vary, different Judges and Prosecutors have different sentencing guidelines. The bottom line, a person facing a 3rd DUI charge in Florida needs an attorney experienced with the specific Court in which his or her case will be resolved. There is no time like the present to discuss the options for fighting or resolving the matter.
The Long-Term Impact of a 3rd DUI
A third DUI conviction will have a serious impact on many aspects of an individual’s life. This is the last chance before the courts take away driving privileges for a very long time. The short term consequences can be serious, but it becomes a much more serious and permanent matter with a third DUI conviction. The first negative consequence is the three-year license revocation. It becomes quite difficult to maintain employment without a valid license number. Employers often require a driver’s license to apply for a position. They also view multiple DUI offenses as irresponsible and will question the level of reliability of person that has three or more convictions for driving under the influence.
The financial costs add up quickly when an individual is arrested for DUI. The fines add up quickly in the court system, attorney fees often run into the thousands of dollars, and the cost of DUI school programs runs into the hundreds of dollars. A conviction for DUI also causes insurance premiums to increase. Once a conviction is placed on the individual’s record, these premiums only get worse. Insurance companies place individuals that has been convicted of DUI in a different coverage tier, or find it necessary to exclude the alcohol related charges from coverage. While the surcharge for three DUI offenses is currently $700, the costs of renewal also increase substantially when a conviction occurs. This large and frequent expense is another negative consequence of a 3rd conviction for DUI.
How to Seek Legal Help
Navigating the legal landscape after a 3rd DUI offense in Florida is a complex and stressful endeavor, leaving many individuals wondering how to navigate the legal process. It is crucial to hire an attorney experienced in Florida DUI laws to represent your case and ensure that you obtain the best possible outcome. The consequences of a 3rd DUI charge are significant, with the potential for severe penalties that can include lengthy jail time, steep fines, vehicle impoundment and loss of the driver’s license. An attorney who understands how to employ case-building tactics, exhaust all legal alternatives and build a comprehensive defense will help to minimize these potentially life-changing penalties as much as possible .
In addition to the potential legal penalties, a conviction or plea bargain for a third DUI offense can also have a significant effect on your ability to get a job or keep an existing job due to more stringent background checks and requirements. An experienced and qualified attorney understands the potential legal and personal ramifications of a DUI case and has the skill to help you communicate the mitigating circumstances if necessary.
If you have been charged with a third DUI offense, you should make it a priority to consult with a qualified lawyer who can help you better understand Florida DUI laws and legal procedures and who can evaluate the circumstances of your case and advise you on your best course of action. Time is of the essence when it comes to responding to a DUI charge, so don’t wait until your license is revoked for failure to request a DMV hearing or response deadlines have passed.