What Florida Law Says About Repeat DUI Offenses and How to Fight a Felony DUI Charge

If you are facing your third DUI arrest in Florida, you are likely asking one critical question: will this automatically be a felony? The short answer is no, not always. Florida law is clear on when a third DUI becomes a felony and when it remains a misdemeanor, but many people get trapped in the gray areas of timing, prior out-of-state convictions, and court interpretation. As a Florida DUI defense attorney, I’ve defended hundreds of clients across the state in this exact situation. What you do next can shape your future.

Let me explain how Florida law handles third-time DUI charges, what penalties you might face, when it becomes a felony, and most importantly, how a private defense attorney can help keep you out of prison, protect your license, and give you a fighting chance.

Florida Statute on Third DUI Offense

Under Florida Statutes § 316.193(2)(b) and § 316.193(2)(c), a third DUI offense can either be a misdemeanor or a felony, depending on when the prior DUIs occurred.

Florida Statute § 316.193(2)(b): Misdemeanor Third DUI

"Any person who is convicted of a third violation of this section for an offense that occurs more than 10 years after a prior conviction for a violation of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083."

That means if your previous DUI conviction was more than 10 years ago, your third DUI will generally be treated as a first-degree misdemeanor. Penalties may still include jail time, but it’s not considered a felony.

Florida Statute § 316.193(2)(b)3: Felony Third DUI

"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."

If your third DUI occurs within 10 years of a prior DUI, it becomes a third-degree felony.

A felony DUI charge in Florida carries up to:

  • 5 years in prison

  • $5,000 in fines

  • 10-year license revocation

  • Mandatory probation and DUI school

  • Mandatory installation of an ignition interlock device

This isn’t just a traffic violation anymore. It can alter your criminal record for life.

Real Case Example: Third DUI Avoided Felony Status and Jail

A client of mine in Sarasota was arrested for what would have been his third DUI. His first conviction happened 12 years ago in Georgia. His second was in Florida, eight years ago. He was terrified that he would face a felony and years of prison time.

Here’s how I helped:

  • I reviewed the certified court records to confirm the exact dates and jurisdictions of prior convictions.

  • I challenged the admissibility of the Georgia DUI based on procedural defects.

  • The timeline between the second and third DUI was just over 10 years.

Because we were able to prove that the previous convictions were either too remote or legally flawed, the prosecutor agreed to drop the felony enhancement. My client was sentenced to a misdemeanor DUI with no jail time, community service, and a license suspension, but kept his job and avoided a felony record.

This outcome would not have been possible without careful legal analysis and early action. That’s why private legal representation is so important.

Why You Need a Private DUI Defense Attorney for a Third Offense

If you're charged with a third DUI in Florida, especially one that might qualify as a felony, you need an attorney who can focus on every detail. Public defenders often don’t have time to verify prior convictions, track down out-of-state records, or dispute enhancements based on timing.

As your private defense lawyer, here’s what I do:

  • Analyze your prior DUI record for timing and eligibility

  • Challenge the validity of prior convictions

  • Demand accurate BAC testing records and chain of custody

  • Suppress illegally obtained evidence such as improper stops or coerced statements

  • Negotiate with prosecutors for reduced charges or alternative sentencing

The earlier you bring in an attorney, the more options you’ll have. I can file motions before charges are even finalized. I can also negotiate alternative sentencing if you’re eligible for DUI court or treatment diversion programs.

What Defenses Apply to a Third DUI Charge

Your defense strategy will depend on the evidence in your case, but here are the common legal defenses we consider for third-time DUI charges:

Unlawful Traffic Stop

If the officer lacked probable cause to pull you over, any evidence collected may be suppressed, including breathalyzer results and field sobriety tests.

Improper Field Sobriety Testing

These tests are notoriously subjective. Medical conditions, anxiety, or uneven ground can all skew the results.

Faulty Breath or Blood Test

Breathalyzers must be calibrated properly. If maintenance logs are missing or the machine was malfunctioning, your BAC reading may be thrown out.

Prior Conviction Challenges

If one of your prior DUIs was from another state or more than 10 years ago, we might argue that the current offense should not be charged as a felony.

Necessity or Duress

In rare situations, a person may have driven under the influence to escape danger or protect someone else. These defenses require careful framing and documentation but can work in the right circumstances.

Each of these defenses requires time and resources. That’s why hiring private counsel is essential. I take the time to dig through every piece of discovery and every angle of the arrest to find a path forward.

How Florida Treats Out-of-State DUI Convictions

A major factor in whether your third DUI is charged as a felony depends on whether previous DUI convictions occurred in other states. Under Florida Statute § 316.193(6)(l), the law allows out-of-state DUI convictions to be used for enhancement purposes, if they are substantially similar to Florida’s law.

But not all states define DUI the same way. For instance, some states allow convictions for “driving while ability impaired,” which isn’t always equivalent to a Florida DUI. That opens the door for legal argument. As your attorney, I challenge whether the out-of-state statute qualifies, based on the exact language and judicial interpretations.

The Consequences of a Felony DUI Conviction in Florida

If you are convicted of a third-degree felony DUI, the consequences can follow you long after the court case ends:

  • You lose your civil rights, including the right to vote or own a firearm, until your rights are restored.

  • You’ll have a felony record, which can impact employment, housing, professional licenses, and more.

  • Florida imposes a mandatory license revocation of at least 10 years.

  • You could face up to 5 years in state prison.

These penalties are not just theoretical. Prosecutors and judges take repeat DUI cases seriously. If you’ve had prior convictions, they assume you’ve already been warned. That makes it even more important to mount an aggressive defense early.

Will You Go to Jail for a Third DUI?

Jail time is not automatic, but it is a real risk. Florida law requires at least 30 days in jail if your third DUI is within 10 years of a prior. If this is your third DUI within 10 years, prosecutors often seek more than the minimum sentence, especially if:

  • Your BAC was above 0.15

  • A crash occurred

  • Someone was injured

  • A child was in the vehicle

However, jail can sometimes be avoided. Alternative sentencing options include inpatient treatment, DUI court, probation, house arrest, or work-release programs. These options are usually only available when a private attorney builds a case for mitigation and has established credibility with the court.

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 more than 35 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?
No. A third DUI is only a felony in Florida if one of your prior DUI convictions occurred within the last 10 years. If all prior convictions are older than 10 years, the third DUI is generally charged as a first-degree misdemeanor. However, prosecutors still pursue jail time, and the case will likely be heard in county criminal court.

Can I challenge prior DUI convictions to avoid a felony?
Yes. Prior convictions must meet legal standards for enhancement. If a prior conviction occurred out of state or if you were not properly represented in the past, your attorney may be able to exclude that conviction from the current charge. This can mean the difference between a felony and a misdemeanor.

What is the minimum jail sentence for a third DUI in Florida?
Florida law requires a minimum of 30 days in jail for a third DUI if it occurs within 10 years of a prior. However, judges may impose longer sentences based on the facts of the case. If your third DUI falls outside the 10-year window, jail time is not mandatory, but prosecutors may still seek it depending on your history and the circumstances of the arrest.

Will I lose my license for a third DUI in Florida?
Yes. A third DUI conviction will result in a driver’s license revocation. If your third offense is within 10 years of a prior, your license will be revoked for at least 10 years. You may be eligible for hardship reinstatement after a few years, but you must complete DUI school and other conditions first.

Can a third DUI be reduced to reckless driving in Florida?
It is possible, though less common than with a first-time DUI. Prosecutors are less willing to offer plea deals on third offenses, especially if prior convictions are recent. However, if we find problems with the state’s evidence, the prosecution may offer a reduced charge to avoid the risk of losing at trial. A reduction to reckless driving can help avoid a felony record and license revocation.

Is DUI court an option for third-time offenders in Florida?
Some counties in Florida offer DUI court programs for repeat offenders. These are intensive supervision programs that involve counseling, frequent drug testing, and court appearances. Completing DUI court may help you avoid jail or get your license back sooner. Eligibility varies by county, and acceptance often depends on your legal representation and willingness to comply.

How does a felony DUI affect my future?
A felony DUI stays on your criminal record and can affect employment, housing, firearm rights, immigration status, and professional licensing. That’s why avoiding a felony conviction is critical. Even if the evidence looks bad, an experienced DUI attorney can help you seek a better outcome.

What happens if my third DUI was out of state, but I now live in Florida?
Florida recognizes DUI convictions from other states for enhancement purposes, but only if those convictions are substantially similar to Florida law. An attorney can review the statute under which the prior DUI occurred to determine whether it qualifies. If it doesn’t, the third offense may not be considered a felony under Florida law.

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 over 35 office locations in Florida and serve all counties in Florida.