Understanding Your Driving Privileges, Legal Risks, and Why Hiring a Private DUI Attorney Is Crucial After a Third DUI Arrest

Third DUI in Florida: Driving Privileges Hang in the Balance

If you're facing your third DUI charge in Florida, one of your most urgent questions may be whether you're allowed to keep driving while your case is pending. As a Florida DUI defense lawyer, I’ve handled many of these high-stakes situations. What you need to know is that your ability to drive doesn’t just depend on the criminal case—it hinges on a fast-moving administrative suspension, the court's discretion, and what steps you or your attorney take immediately after the arrest.

Driving on a suspended license after a third DUI arrest can lead to additional felony charges, especially if you're labeled a habitual offender. It’s critical that we intervene right away to protect your rights and help you regain limited driving privileges if possible.

Florida Law on License Suspension After a Third DUI Arrest

Florida law triggers a mandatory driver’s license suspension upon a DUI arrest when you either:

  1. Blow over the legal limit of 0.08%, or

  2. Refuse a lawful breath, blood, or urine test.

Under Florida Statutes § 322.2615(1)(a):

“The department shall suspend the driver license of a person who was driving or in actual physical control of a motor vehicle and who had an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher, or who refused to submit to a lawful test… for a period of 6 months for a first offense and for a period of 12 months if previously suspended…”

So, if this is your third DUI, and you’ve had a prior refusal or a prior administrative suspension, your license may be revoked for 12 months or longer automatically—before you're even convicted.

That’s why timing matters. From the date of your arrest, you only have 10 days to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to challenge the suspension or request a hardship license.

Hardship License Options for a Third DUI Arrest

The availability of a hardship license is very limited for repeat offenders, especially for a third DUI within 10 years. However, it may still be possible under certain conditions.

According to Florida Statute § 322.271(2)(a):

“A person whose driver license has been revoked for at least 5 years due to a third DUI conviction may, upon the expiration of 2 years, petition the department for reinstatement of driving privileges…”

But while awaiting trial, if you have not yet been convicted, and this is not your third conviction in 10 years, you may qualify for a business purposes only (BPO) license, especially if the administrative suspension is your only barrier.

To qualify, we need to:

  • File for a formal review hearing within 10 days

  • Request an immediate hardship permit (if available)

  • Enroll you in a DUI Level II school and other required programs

  • Demonstrate that you pose no risk to public safety

Each of these steps must be executed quickly and properly. That’s not something you should attempt alone or with court-appointed counsel. A private DUI defense attorney can assess your eligibility and handle the process.

Real Case Example: Client Charged With Third DUI, Keeps Limited Driving Privileges

I represented a client in Lee County who had two prior DUIs—one over 10 years old and one within the last seven. He was arrested on suspicion of DUI after a single-vehicle crash. He refused the breath test, which triggered a 12-month administrative suspension for refusal.

The state intended to treat the case as a felony due to the third offense. Immediately, we filed a formal review hearing request with the DHSMV and petitioned for a hardship license. Our client needed to drive for work in Fort Myers, and his job required occasional travel between counties.

We submitted proof of hardship, proof of enrollment in DUI Level II school, and documented that his prior DUI was more than 10 years old. The hearing officer granted a business purposes only license, which allowed him to continue working while we fought the criminal case.

Eventually, we challenged the probable cause for the stop and the legality of the refusal warning. The judge ruled key evidence inadmissible. The state reduced the charge to reckless driving, and our client avoided jail time, felony status, and long-term license revocation.

Why a Private Attorney Is Vital in Third DUI Cases

If this is your third DUI charge, the stakes are much higher. Your license is in immediate jeopardy. If you don’t act within the first 10 days, you’ll lose the chance to fight the suspension or apply for restricted driving privileges.

A private attorney can:

  • File and attend the DHSMV hearing

  • Present hardship evidence

  • Secure proof of program enrollment

  • Identify procedural errors in the arrest or refusal warning

  • Negotiate reduced charges to avoid a third DUI conviction

  • Challenge enhancements that could make the charge a felony

If you rely on a public defender, they won’t help with the administrative process. That means you’ll likely be without a license for months or years. I’ve seen people lose their jobs, homes, and even custody rights because they didn’t take immediate legal action.

Third DUI Charges Under Florida Law

If you’re convicted of a third DUI within 10 years, Florida law treats this as a third-degree felony under Florida Statute § 316.193(2)(b)1.:

“Any person who is convicted of a third violation… which occurred within 10 years after a prior conviction for a violation… commits a felony of the third degree…”

Penalties may include:

  • Up to 5 years in prison

  • Mandatory 30 days in jail

  • 10-year driver’s license revocation

  • $2,000 to $5,000 in fines

  • Mandatory ignition interlock device for 2 years

  • Vehicle impoundment

  • DUI Level II School and treatment

With stakes this high, you need a strong, strategic defense that begins on day one. Private legal counsel is your best shot at avoiding mandatory jail time and preserving some form of your driving privileges.

Defenses We Use in Third DUI Cases

Not every DUI arrest leads to a conviction. We’ve successfully used a range of defenses that can reduce or dismiss charges:

Illegal Stop or Arrest: If the traffic stop wasn’t based on reasonable suspicion or the arrest lacked probable cause, the case can be thrown out.

Faulty Breath or Blood Test: We’ve exposed flaws in Intoxilyzer calibrations, mishandled blood samples, and improper test administration.

No Actual Physical Control: If you weren’t driving or weren’t in control of the vehicle when law enforcement arrived, we can challenge the case.

Unlawful Refusal Warning: If the implied consent warning wasn’t properly explained, the refusal can’t be used against you.

Challenging Priors: Sometimes, a prior DUI conviction is used incorrectly to enhance the new charge. If that prior isn’t valid, we can block its use.

Each case requires careful review of every detail—police reports, videos, test logs, and records of your prior charges. As your private DUI attorney, I can devote the time, focus, and resources your case deserves.

Can You Drive While Your Third DUI Case Is Pending?

Yes, in some cases—but only under certain conditions.

You can legally drive with a hardship license if:

  • Your arrest triggered a suspension (due to breath test failure or refusal)

  • You requested a formal review within 10 days

  • You were approved for a hardship permit

  • You comply with all conditions (school, interlock, etc.)

However, if you’ve been convicted of DUI twice before within 10 years and you’re charged again, the court may issue a pretrial bond condition revoking your driving privileges altogether.

That’s why your defense begins immediately. Waiting even a few days can close doors to options that would allow you to drive during the case.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

Florida DUI Frequently Asked Questions

Can I legally drive after a third DUI arrest in Florida?
You may be able to drive, but only under specific conditions. If your license was suspended due to a breath test failure or refusal, you must request a formal review hearing within 10 days. If eligible, you may obtain a hardship license that allows driving for work, school, or medical purposes. Without legal action, you will lose your driving privileges. A private attorney can file this request quickly and increase your chances of approval.

Will the judge take away my license at the arraignment for a third DUI?
It depends. The administrative suspension from the DMV happens separately from the court process. However, a judge can impose pretrial conditions that include no driving. In felony DUI cases, some judges issue immediate bond restrictions that revoke your license until trial. Your attorney can request modifications and argue for reinstatement under supervision or hardship guidelines.

What if I need to drive to keep my job?
That’s one of the strongest reasons to request a hardship license. We help you gather documentation showing your employment needs, schedule, and reliance on driving. If approved, the hardship license will limit you to essential driving only. If you drive outside of those terms, or without a valid permit, you could be charged with driving while license suspended as a felony.

Can I use rideshare apps while my case is pending instead of driving?
Yes, and for some clients it’s the safest option. However, many people live or work in areas where rideshare is unavailable or unaffordable. That’s why we work aggressively to help our clients keep at least some driving privileges. If you're caught driving without a license or while your license is revoked, you risk serious additional penalties and possibly jail.

Does a third DUI always mean a felony in Florida?
Not always. If the third DUI occurred more than 10 years after the last conviction, the case can be charged as a misdemeanor. However, if it happens within 10 years of any prior conviction, the charge will be filed as a third-degree felony under § 316.193. Our role is to challenge enhancements and negotiate for reductions that keep the charge at a misdemeanor level when possible.

What happens if I’m caught driving with a revoked license after a third DUI?
Driving on a revoked license, especially after multiple DUI convictions, can result in a felony charge. Under § 322.34(5), you could face a third-degree felony and up to 5 years in prison. Prosecutors view this as willful disobedience of a court order. We advise all clients to let us fight for lawful driving privileges before risking new charges.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.