Arrested for a Third DUI? Florida Law Treats It as a Felony with Serious Prison Time Unless You Act Fast
When someone is arrested for a third DUI in Florida within a 10-year period, the charge stops being just another misdemeanor. It becomes a felony, and the consequences are serious. I’ve defended many people in your shoes, and I know what’s at stake. If this is your third DUI in the last decade, you could face time in state prison, long-term driver’s license revocation, and a permanent felony record. What you do next, and who you hire to represent you, can determine the outcome of your case and the rest of your life.
Let me walk you through how the law works, what the penalties are, and how we fight these charges.
Why a Third DUI in 10 Years Is a Felony in Florida
Under Florida Statute § 316.193(2)(b)1., your third DUI becomes a third-degree felony if it occurs within 10 years of a previous DUI conviction. This statute lays out very clear criteria.
Statute Text (Fla. Stat. § 316.193(2)(b)1.):
“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…”
That means if you had prior DUI convictions, one in 2016 and another in 2020, and you are now arrested in 2025, the charge will not be treated as a misdemeanor. You’re now facing a third-degree felony, which carries the following potential penalties:
- Up to 5 years in Florida state prison
- Up to $5,000 in fines
- Minimum 30 days in jail (mandatory)
- Mandatory 10-year driver’s license revocation
- 90-day impoundment of your vehicle
- Installation of an ignition interlock device for at least 2 years
- Mandatory completion of a substance abuse course
- Possible residential alcohol treatment
- Five years of probation and community service
Most people don’t realize that with a felony DUI, you are no longer dealing with a county court prosecutor, you are now in circuit court, and you’re up against a felony-level state attorney. Public defenders are often overburdened, and they may not have the time or tools to investigate old records, suppress bad evidence, or fight sentencing enhancements.
That’s where hiring a private DUI defense attorney makes all the difference.
How Prosecutors Build Felony DUI Cases
The state has to prove three things:
- You were in actual physical control of a vehicle,
- You were impaired by alcohol or drugs while doing so, and
- You have two prior DUI convictions, with at least one occurring within the past 10 years.
It may sound simple, but many times, prosecutors struggle to prove the priors. Maybe one of your prior convictions came from out of state. Maybe the court records are unclear. Maybe the original DUI wasn’t handled properly, and the judgment lacks a factual basis. We can challenge each element.
As a private defense attorney, I conduct a forensic review of your DUI history, court records, DMV records, and arrest reports. I look for procedural and legal errors, and I build an evidence-based strategy tailored to your case.
Real Case Example: Third DUI Dropped to Reckless Driving
One of my clients, a 48-year-old man from Clearwater, was pulled over after a minor accident. Officers claimed he smelled of alcohol, failed the field sobriety exercises, and refused to blow into the machine. It was his third DUI arrest, and the prior two convictions were within the past nine years.
The state filed felony charges. The client was terrified of prison time and losing his contractor’s license.
I immediately requested all police body camera footage and arrest records. I also pulled the prior conviction documents. It turned out one of his “priors” was a plea to a lesser included offense that wasn’t technically a DUI. I filed a motion to exclude it as a predicate offense.
The court agreed. Without that second prior, the prosecutor no longer had a felony case. We negotiated a plea to reckless driving with probation and no jail time. The client kept his license and his livelihood.
This result wasn’t luck, it came from meticulous review, timing, and legal skill that only a private attorney with DUI experience can offer.
Defenses We Use in Third DUI Cases
Even if this is your third arrest, it does not mean the state has an automatic win. Here are defenses that may apply:
Invalid Prior Convictions
If one or both prior DUI convictions were not properly handled, not entered into the record correctly, or were reduced to other charges like reckless driving, they may not count toward a felony enhancement.
Illegal Stop or Arrest
Police must have probable cause to stop your vehicle. If the traffic stop was based on a hunch, or the arrest was made without proper legal grounds, we can suppress the entire case.
Inaccurate Breath or Blood Test Results
Machines fail. Officers make mistakes. Chain of custody is broken. These issues can undermine the test results and weaken the state’s case.
No Actual Physical Control
If you were in the driver’s seat but not driving, and the vehicle was not running or in motion, we may argue that you were not in “actual physical control.”
Procedural Errors
We look for gaps in the timeline, missing documents, unqualified test operators, and violations of Miranda rights. If police didn’t follow the law, the court can exclude their evidence.
Every one of these defenses takes work, interviewing witnesses, getting discovery, filing motions, and negotiating strategically. This is why you need a private defense attorney, not just someone assigned to your case at the last minute.
Other Relevant Florida Statutes
Your case may also involve:
- Florida Statute § 322.28(2)(a) – Mandatory license revocation for 10 years after a third DUI within 10 years
- Florida Statute § 316.1937 – Ignition interlock device requirements
- Florida Statute § 316.656 – Mandatory minimum sentencing for DUI convictions
These laws give the court little discretion. However, they also allow for certain exceptions, which we can fight for, especially in plea negotiations.
Why Hiring a Private DUI Attorney Is Critical
Felony DUI is life-changing. You are now facing prison time, a permanent felony record, and long-term license loss. If you have a career that requires driving, a professional license, or immigration status, this case could derail your entire future.
You deserve a legal team that knows how to fight and win DUI cases. At Musca Law, we don’t just show up to court. We build the case the state hopes you’ll never fight. We’re aggressive, strategic, and ready to defend you every step of the way.
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 3rd DUI Frequently Asked Questions
Is a third DUI always a felony in Florida?
Not always. It depends on the timing of the prior convictions. If your third DUI happens more than 10 years after your last conviction, it may still be a misdemeanor. But if any prior occurred within the last 10 years, it becomes a third-degree felony with much harsher penalties.
What if one of my prior DUIs was in another state?
Out-of-state convictions can count toward Florida’s felony enhancement if they are substantially similar to Florida’s DUI laws. But that doesn’t mean it’s automatic. We often challenge whether the prior conviction qualifies under Florida standards. Sometimes, we can eliminate that prior as a predicate offense.
Will I lose my license forever for a third DUI?
Not forever, but possibly for a decade. Under Florida Statute § 322.28(2)(a), a third DUI within 10 years results in a 10-year revocation. However, you may qualify for hardship reinstatement after a certain waiting period. We help clients explore these options while also fighting the criminal charges.
Can I go to jail even if I didn’t cause an accident or injury?
Yes. A third DUI carries a mandatory minimum jail sentence of 30 days. The court has no discretion to reduce it below that unless the charge is reduced or dismissed. That’s one of the many reasons why reducing the charge is a primary goal in our felony DUI defense strategy.
Can a third DUI be reduced to reckless driving in Florida?
Yes. In some cases, we’ve been able to negotiate a reduced charge of reckless driving, especially if there are weaknesses in the evidence, no crash, and no high blood alcohol content. This can eliminate mandatory jail, save your license, and avoid a felony conviction.
What kind of evidence will the prosecutor use against me?
Typical evidence includes dashcam or body cam footage, field sobriety test results, breath or blood alcohol content readings, prior court records, and officer testimony. We evaluate all of it for weaknesses and constitutional violations that can lead to suppression or dismissal.
Should I plead guilty if this is my third DUI and the evidence looks strong?
Not without speaking to a lawyer. Many cases that look strong on the surface have serious problems under the hood. We’ve had felony DUI cases dropped or reduced after challenging the priors, the breath test results, or the legality of the traffic stop.
Can I get probation instead of prison?
Possibly. The court may sentence you to probation and mandatory DUI school, especially if we can reduce the charge or demonstrate mitigating circumstances. We work to present your background, treatment efforts, and family obligations to support a non-prison sentence.
Is it worth hiring a private lawyer if I already have a public defender?
Yes. Public defenders are often experienced, but they’re also overworked and may not have the time to dedicate to building a comprehensive defense. Private counsel can focus on every detail, challenge every element, and fight for outcomes that overburdened public counsel simply cannot achieve under time constraints.
How soon should I hire a lawyer after a third DUI arrest?
Immediately. Evidence starts disappearing right away. Witnesses forget. Dashcam footage can be erased. The earlier we get involved, the better chance we have of securing a favorable result. We can also request important hearings and file motions that help protect your rights before formal charges are filed.
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.