Understanding License Suspensions, Penalties, and Defenses with Florida DUI Law

Being charged with a third DUI in Florida is a life-changing event. The law is strict, and the consequences for a third offense are far more severe than for a first or second DUI. One of the most pressing questions I hear from clients is, "How long will I lose my license?"

The answer depends on several factors, including the timing of prior convictions, the specific facts of your case, and how the court applies Florida DUI statutes. As your defense attorney, my role is not only to explain these laws but to fight for every possible reduction, dismissal, or alternative outcome that protects your freedom, your license, and your future.

Florida's DUI Statute and License Suspensions

Florida law defines DUI and sets forth penalties under Florida Statute § 316.193. The statute provides:

§ 316.193(1), Florida Statutes:

"A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance… when affected to the extent that the person's normal faculties are impaired,

(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood, or

(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath."

For a third DUI conviction, Florida imposes very strict penalties:

  • If the third DUI occurs within 10 years of a prior conviction, it is charged as a third-degree felony under § 316.193(2)(b)(2), punishable by up to 5 years in prison and a mandatory 10-year license revocation.
  • If the third DUI occurs more than 10 years after the last conviction, it is generally treated as a first-degree misdemeanor, but still carries enhanced penalties, including a minimum 2-year revocation of your driver's license.

The relevant statute states:

§ 322.28(2)(a)3, Florida Statutes:

"Upon a third conviction for DUI, the period of revocation shall be not less than 10 years if the third conviction is within 10 years of the prior conviction. The driver may be eligible for hardship reinstatement after 2 years."

This means that while a 10-year revocation is required in many cases, there is potential to apply for a hardship license after 2 years if the proper steps are taken. Without skilled representation, however, many people lose this opportunity.

Why You Need an Attorney Immediately

When you are facing a third DUI, you are not just up against a criminal case, but also a separate administrative action from the Florida Department of Highway Safety and Motor Vehicles (DHSMV). The state automatically suspends your license upon arrest, regardless of the court outcome, unless you act quickly to request a formal review hearing.

As your lawyer, I handle both the criminal court and DHSMV proceedings, ensuring we fight for your license at every stage. I have had cases where the administrative hearing was just as critical as the courtroom defense because saving the client's driving privilege allowed them to keep their job and continue supporting their family.

Defenses Against a Third DUI

Every case is unique, and while the penalties may seem overwhelming, there are often strong defenses available. Some of the most effective include:

  • Illegal Traffic Stop – If the officer did not have reasonable suspicion or probable cause to stop your vehicle, the entire case may be dismissed.
  • Improper Breath or Blood Testing – Florida has strict rules on how tests must be administered under Florida Administrative Code 11D-8. Errors in calibration, procedure, or officer certification can lead to suppression of the results.
  • Violation of Constitutional Rights – If your Miranda rights were not read, or you were interrogated without proper counsel, evidence may be excluded.
  • Insufficient Evidence of Impairment – Slurred speech, unsteady balance, or other claimed signs of impairment are subjective and can often be explained by fatigue, medical conditions, or even nerves.
  • Challenging Prior Convictions – To impose the harsher penalties for a third DUI, the prosecution must prove valid prior convictions. I have successfully argued that prior out-of-state convictions or improperly recorded pleas should not count toward sentencing.

Case Example: Avoiding a Felony Conviction

A client came to me after being arrested for what would have been his third DUI within ten years. The state was pursuing felony charges and a 10-year license revocation. He was a tradesman, and without his license, he would have lost his livelihood.

Upon reviewing his prior convictions, I discovered that one of the earlier DUIs lacked a properly documented waiver of counsel. Under Florida law, such a conviction cannot be used to enhance a later charge. After filing a motion and presenting the case to the judge, the prior offense was excluded. The prosecution ultimately reduced the case to a misdemeanor DUI, and we negotiated a sentence that included probation and a shorter license suspension instead of the mandatory 10-year revocation.

This result was only possible because we carefully reviewed every detail of his record and challenged the state's assumptions. Without aggressive legal defense, he would have faced prison and the loss of his career.

The Importance of Timing

Florida law is unforgiving when it comes to deadlines. From the moment of your arrest, you have 10 days to request a formal review hearing with DHSMV to contest the administrative suspension. Missing this window means an automatic suspension, even if your criminal case later results in dismissal.

Hiring a private attorney immediately ensures that your rights are preserved from day one. I act quickly to file the necessary paperwork, request hearings, and begin gathering evidence before it disappears.

Additional Statutes That May Apply

Aside from § 316.193 and § 322.28, other Florida statutes often play a role in third DUI cases:

  • § 316.1937 – Refusal to submit to a breath, urine, or blood test can lead to additional penalties, including separate license suspensions.
  • § 322.2615 – Governs the administrative suspension of driving privileges upon DUI arrest.
  • § 316.1939 – Criminalizes refusal to submit to testing if you have prior refusals, making it a separate offense.

These statutes can increase the penalties if not properly defended against, which is why every angle of the case must be examined.

Why a Private Attorney Makes the Difference

Public defenders in Florida handle heavy caseloads and often do not have the time to investigate prior convictions, file complex motions, or challenge administrative suspensions with DHSMV. A private attorney can dedicate the time, resources, and strategy necessary to protect your license and your future.

In my practice, I often work with toxicologists, accident reconstruction experts, and medical professionals to counter the state's evidence. These resources can be decisive in securing a reduced charge or even dismissal.

FAQs About Third DUI License Suspensions in Florida

What is the minimum license suspension for a third DUI in Florida?

If the third DUI occurs more than 10 years after the last conviction, the minimum suspension is 2 years. If it occurs within 10 years, the revocation is for 10 years, though you may apply for a hardship license after 2 years if certain conditions are met.

Can I get a hardship license after a third DUI?

Yes, under § 322.28, you may be eligible to apply for hardship reinstatement after 2 years of the 10-year revocation, provided you complete DUI school and meet all other requirements. A lawyer can guide you through this process and improve your chances of approval.

Is a third DUI always a felony in Florida?

Not always. If the third DUI occurs more than 10 years after the last conviction, it is usually charged as a misdemeanor, though it carries enhanced penalties. If it is within 10 years, it is generally a third-degree felony.

Does refusing a breath test affect my license suspension?

Yes. A refusal results in an automatic administrative suspension under § 322.2615. If you have refused before, you may face a separate criminal charge under § 316.1939.

Can old DUIs from another state count against me in Florida?

Yes, out-of-state DUI convictions may be used to enhance penalties in Florida. However, an attorney may be able to challenge whether those convictions meet Florida's legal standards.

What happens if I drive while my license is revoked for DUI?

Driving on a DUI-revoked license can lead to additional felony charges under Florida law. Courts take these violations very seriously, and penalties may include prison time.

How can an attorney reduce the penalties for a third DUI?

A skilled attorney can challenge prior convictions, attack the legality of the traffic stop or test results, negotiate for reduced charges such as reckless driving, and fight for hardship license eligibility. Every step matters when the goal is to protect your future.

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

If you are facing a third DUI charge in Florida, your driver's license and freedom are on the line. The law imposes harsh penalties, but with an experienced defense attorney fighting for you, it may be possible to reduce or even dismiss the charges.

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.