Understanding the Stakes and How an Experienced DUI Defense Attorney Can Protect Your Future

If you were recently arrested for a third DUI in Florida, you are probably worried about what comes next. You should be. A third DUI is not treated the same as a first or second offense. The penalties are harsher, the prosecutors are less willing to negotiate, and the consequences can follow you for life. I’ve represented many people in your exact situation, and the very first step you take after a third DUI arrest can make all the difference in your case.

Below, I’ll walk you through what you need to know under Florida law, what defenses may apply, and why having a private attorney by your side is the only realistic path toward reducing penalties, negotiating a lesser charge, or even achieving a dismissal.

Florida DUI Statute: What the Law Says

Florida law on DUI is found in Florida Statutes §316.193. The statute states in part:

Florida Statute §316.193(1):
“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 set forth in s. 877.111, or any substance controlled under chapter 893, 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.”

The statute sets the legal standard, but for a third DUI, the penalties escalate dramatically depending on how many prior convictions you have and when they occurred.

Penalties for a Third DUI in Florida

The penalties for a third DUI depend heavily on whether your prior convictions are within 10 years.

  • Third DUI within 10 years of a prior conviction: This is a third-degree felony punishable by up to 5 years in prison, a mandatory minimum of 30 days in jail, 90-day vehicle impoundment, and a 10-year driver’s license revocation.

  • Third DUI outside of 10 years: This is still a serious charge but prosecuted as a first-degree misdemeanor. It carries up to 12 months in jail, heavy fines, and mandatory ignition interlock installation.

Florida Statute §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 is why the first thing you should do after your arrest is contact an attorney who knows how to fight these cases.

The Importance of Acting Immediately

You don’t just have a criminal case pending, you also have an administrative license suspension to deal with. The Department of Highway Safety and Motor Vehicles (DHSMV) will automatically suspend your license unless you request a formal review hearing within 10 days of your arrest.

Without taking this step, you lose the chance to contest the suspension and may be without a license for months before your criminal case is even resolved. A private attorney will handle this immediately, file the necessary paperwork, and fight for your ability to keep driving.

Defenses That May Apply to a Third DUI

Even though you have prior DUI convictions, that does not mean the state’s case is unbeatable. I’ve successfully defended many third DUI cases using a combination of strategies tailored to the facts. Some of the defenses we look at include:

1. Challenging the Traffic Stop

If the officer did not have reasonable suspicion to pull you over, the stop was unconstitutional. Any evidence obtained after an illegal stop, including breath results or officer observations, can be suppressed.

2. Attacking the Field Sobriety Exercises

These tests are notoriously unreliable, especially when recorded on body cam video. Poor lighting, uneven pavement, medical conditions, or even fatigue can make a sober person look impaired.

3. Breath and Blood Test Accuracy

Florida law has strict requirements for breathalyzer machines. The Intoxilyzer 8000 must be properly maintained and calibrated. If records show errors or the operator was not certified, the results can be thrown out.

4. Timing of Prior Convictions

If one of your prior DUIs was more than 10 years ago, the prosecutor may be improperly trying to enhance your charge. We carefully examine the record to determine whether the state can legally call this a third DUI within 10 years.

5. Necessity of Actual Physical Control

You can be arrested even if you were not driving but were found in “actual physical control” of the car. This element can often be contested, especially if you were pulled over in a parking lot or asleep in the driver’s seat.

Each of these defenses requires a skilled attorney who understands how Florida courts view DUI evidence and who is prepared to file motions and aggressively challenge the prosecutor’s case.

Why You Need a Private Attorney

If you rely on a public defender, you will not have the same level of individualized attention and investigation that your case demands. A third DUI is not the type of case where you can afford a cookie-cutter defense.

As your attorney, I am not only looking for ways to beat the case outright but also for ways to negotiate the charge down to a reckless driving or another lesser offense. Prosecutors know which defense attorneys are prepared to fight and which ones will simply accept a plea. This reputation matters in how your case is treated.

A Real Case Example

Several years ago, I represented a client facing his third DUI within 10 years. He was pulled over late at night after allegedly swerving. The officer claimed he smelled alcohol and arrested him after field sobriety exercises. The breath test showed .10, just over the legal limit.

We investigated and found that the Intoxilyzer machine used on him had failed an accuracy inspection the week prior. I filed a motion to suppress the breath results, and the court granted it. Without the breath evidence, the state’s case was much weaker. We ultimately negotiated the charge down to reckless driving with probation, saving my client from a felony conviction and lengthy license revocation.

That result would never have been possible without an aggressive defense strategy.

Other Relevant Florida Statutes

  • §322.28 (License Revocation): Provides for a 10-year license revocation on a third DUI within 10 years.

  • §316.1939 (Refusal to Submit to Testing): Makes refusal to provide a breath, urine, or blood sample a misdemeanor if you have a prior refusal.

  • §316.1937 (Ignition Interlock Devices): Requires installation of ignition interlock devices for certain DUI offenders, including third convictions.

These laws combine to create harsh consequences if you are convicted, which is why your first step should be building a defense with the help of a skilled attorney.

FAQs About Third DUI Arrests in Florida

What is considered a third DUI under Florida law?
A third DUI means you have two prior DUI convictions on your record. The severity depends on whether one of those prior convictions happened within the last 10 years. If so, your current case can be charged as a felony.

Can I avoid jail for a third DUI?
While the law imposes mandatory jail time in some situations, an attorney may be able to negotiate alternatives such as residential treatment, probation, or reduced charges. Each case depends on the facts and the prosecutor’s willingness to consider alternatives.

Will my driver’s license be permanently revoked after a third DUI?
Not permanently, but if it’s within 10 years of a prior conviction, your license can be revoked for 10 years. You may qualify for a hardship license after serving a portion of that revocation period, but only if you meet strict conditions.

What happens if I refuse the breath test on a third DUI arrest?
Refusing a breath test after a prior refusal is a separate criminal offense under Florida law. It can result in additional penalties, and the refusal itself can be used against you in court.

Can a third DUI be reduced to reckless driving?
Yes, but it requires strong defense work. Prosecutors may reduce charges if evidence is weak, if there are legal issues with the stop or testing, or if your attorney can show mitigating circumstances.

How much will my fines be for a third DUI?
Florida law sets fines between $2,000 and $5,000 for a third conviction. If your blood alcohol level was .15 or higher, or if a child was in the car, the fines are higher.

Do prior DUIs from another state count in Florida?
Yes. Out-of-state DUI convictions can be used to enhance your charge in Florida if they are substantially similar to Florida’s DUI statute.

Why should I hire a private Florida DUI attorney instead of a public defender?
A private attorney has more resources, time, and flexibility to fight your case. With a third DUI, your freedom, license, and future are all at stake. You need someone who can dedicate the effort required to challenge every piece of evidence.

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

If you are facing a third DUI arrest in Florida, you cannot afford to wait or handle this on your own. The consequences are severe, but there are defenses that can protect you and your future.

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 30 office locations in Florida and serve all counties in Florida.