How Long Will I Lose My License in Florida for a Third DUI?

Why Third-Time DUI Offenders in Florida Face Lengthy Suspensions and How Private Legal Representation Can Make a Difference

If you're dealing with a third DUI charge in Florida, the stakes are high. The law does not treat a third offense lightly, especially when prior DUI convictions occurred within the past ten years. I’ve represented clients all across the state—from Naples to Orlando to Jacksonville—and what I can tell you is this: a third DUI is very likely a felony, and the license suspension is not short-term. The length of time you’ll lose your driving privilege depends on several factors, and the right defense can make a significant difference in both your freedom and your future.

As a Florida DUI defense lawyer, I’ve handled countless third-offense DUI cases and successfully helped clients avoid lengthy suspensions, felony records, and jail time. It takes immediate legal action, a sharp review of your driving history, and a private defense tailored to your case.

Understanding Florida’s Third DUI License Suspension Laws

Florida law under Florida Statutes § 316.193(2)(b)1. sets the penalties for multiple DUI offenses. If this is your third DUI within 10 years, you're facing not only a possible felony but also a mandatory long-term driver’s license revocation.

Florida Statute § 316.193(2)(b)1 – Third DUI Within 10 Years

“Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree…”

A third DUI within 10 years is charged as a third-degree felony, punishable by:

• Up to 5 years in state prison

• Mandatory 10-year driver’s license revocation under Florida Statutes § 322.28(2)(a)3.

Florida Statute § 322.28(2)(a)3 – Driver License Revocation

“Upon a third conviction for an offense that occurs within 10 years after a prior conviction, the department shall revoke the driver license or driving privilege of the person for a period of 10 years.”

This means the Department of Highway Safety and Motor Vehicles (DHSMV) will revoke your license for 10 years. And this is without considering the administrative suspension from the DMV based on the refusal to submit to testing or failure of a breathalyzer.

If Your Third DUI Is More Than 10 Years After Your Second

Timing matters. If your third DUI occurred more than 10 years after your previous conviction, then it is charged as a first-degree misdemeanor, and the license suspension is not automatic for 10 years.

Instead, per Florida Statute § 322.28(2)(a)2., your license may be revoked for 6 to 12 months, as with a standard misdemeanor DUI.

That’s why it’s essential to analyze your driving history carefully. A qualified private attorney can argue the timeline and help reduce what would otherwise be a 10-year revocation to a far shorter administrative suspension.

Administrative Suspensions Can Add to Criminal Penalties

In addition to the penalties from the court system, there is a separate process handled by the Florida DHSMV. Even before you're convicted in court, your license can be administratively suspended if:

• You refused a breath, blood, or urine test, or

• You blew 0.08% or higher on a breath test

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

“The department shall suspend the driver license of any person who… has a blood-alcohol level or breath-alcohol level of 0.08 or higher.”

For third offenses, this administrative suspension can last up to 18 months if you refuse testing. This suspension is separate from the court-ordered revocation.

As your attorney, I challenge this suspension through a formal hearing, often within 10 days of arrest. Acting quickly can make the difference between keeping your driving privilege or losing it before you ever go to court.

Hardship Licenses: Can You Get One After a Third DUI?

Florida allows certain individuals with DUI revocations to apply for a hardship license, but only under specific conditions.

To qualify for hardship reinstatement:

• Five years must pass before you can apply if your license was revoked for 10 years.

• You must complete DUI School and remain alcohol-free during the waiting period.

• You must install an ignition interlock device for at least two years if granted.

See Florida Statutes § 322.271(1)(b):

“A person whose license has been revoked for a third conviction of DUI within 10 years may, upon the expiration of 5 years, petition the department for reinstatement of a restricted driving privilege…”

This process is not automatic. Your case needs to be well-prepared with documentation, proof of treatment, and a clean record. I handle these petitions carefully to give my clients the best chance at driving again for work or medical needs.

Real Case Example: Avoiding a 10-Year Revocation for a Third DUI

One of my clients in Sarasota had two prior DUIs, one from 11 years ago and another from 9 years ago. He was arrested on a third DUI after a minor collision, and prosecutors were ready to file felony charges and pursue a full 10-year license revocation.

Upon reviewing the exact dates of his prior convictions, I noticed that the second DUI conviction date—though close—was actually more than 10 years before the third offense. I filed a motion showing that under Florida law, his third DUI did not qualify as a felony because of the timing.

That motion succeeded, and we were able to have the charge treated as a misdemeanor. My client received 12 months of probation, avoided jail time, and his license was suspended for 6 months, not 10 years.

Without a private attorney who reviewed the fine details, that client would have lost his license for a decade.

Defenses to Consider in a Third DUI Case

Even if this is your third time being arrested for DUI, your case is not hopeless. Here are defenses I’ve successfully used to challenge both the charge and the potential revocation period:

Challenging the Validity of Prior Convictions

Sometimes the court records from a prior DUI are incomplete or unavailable, or the conviction did not follow due process. If I can challenge a prior as invalid for enhancement, the third DUI may not trigger a felony or 10-year revocation.

Contesting the Stop or Arrest

Illegal traffic stops, improper administration of field sobriety tests, or unreliable breathalyzer machines can undermine the government’s case. If the stop is unlawful, all evidence following it can be suppressed.

Inaccurate Breath or Blood Test Results

Improper calibration, expired certifications, or contaminated samples can all lead to inaccurate readings. We often bring in toxicology experts to analyze the results and raise doubts in court.

Necessity Defense

In rare but valid cases, a person may drive while impaired due to a medical emergency or imminent threat. If we can prove you had no other safe alternative, the charge can be reduced or dismissed.

Each defense requires work, investigation, and often expert input. That’s why hiring a private DUI attorney is essential. I take the time to explore every angle, subpoena necessary records, and challenge anything that can reduce or eliminate the penalties you’re facing.

Why a Private DUI Attorney Is Critical for a Third DUI Case

Public defenders are overworked, and in many cases, do not have the time to carefully examine past DUI convictions or challenge the DHSMV process. They may not even attend your administrative hearing.

As a private DUI defense attorney, I begin working on every aspect of your case immediately. I file discovery requests, demand police dashcam and bodycam footage, subpoena records from your prior cases, and file motions that can downgrade or even dismiss the charge.

If you’re serious about protecting your license, your job, and your freedom, there is no substitute for hiring a private DUI attorney with experience in Florida law and DUI litigation.

Florida DUI Frequently Asked Questions

Can I really lose my license for 10 years after a third DUI in Florida?
Yes, if your third DUI occurs within 10 years of your previous DUI conviction, Florida law mandates a 10-year license revocation under § 322.28. However, the exact length depends on the dates of your prior convictions and the skill of your defense attorney. If your previous DUI happened more than 10 years ago, a third DUI may be charged as a misdemeanor, with a far shorter suspension period. This is why a timeline analysis by your lawyer is essential.

Is there any way to get a hardship license before the 10 years is up?
In most cases, you must wait at least five years before applying for a hardship license. To qualify, you must complete DUI school, remain alcohol-free, and submit documentation to the DHSMV. If approved, you may be permitted to drive for limited purposes, such as work or medical appointments. This process is complex and requires careful preparation. I help clients navigate this petition and advocate on their behalf to increase their chances of approval.

Can a third DUI in Florida be charged as a misdemeanor?
Yes, if your third DUI arrest happens more than 10 years after your last conviction, it may be charged as a first-degree misdemeanor. That drastically reduces your risk of prison time and long-term license revocation. In some cases, we have successfully negotiated to remove a prior DUI from consideration, resulting in a misdemeanor outcome and a much shorter suspension.

What if my prior DUI was in another state?
Florida will often consider out-of-state DUI convictions when calculating whether this is your third offense. However, we may be able to challenge the equivalency of that conviction. If the prior state’s DUI law is significantly different, we can argue it should not be counted as a qualifying prior. This defense requires legal analysis and sometimes certified copies of old court records. That’s the kind of work a private DUI attorney performs early in the case.

Can I avoid a DUI conviction entirely on my third charge?
In some cases, yes. If there are legal or evidentiary weaknesses, the charge can be reduced to reckless driving, or dismissed outright. This depends on the facts of your case, your criminal history, and the discretion of the prosecutor. By identifying flaws in the case, we’ve had charges dismissed due to invalid stops, faulty test results, or insufficient evidence.

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.