Driver Arrested for Third DUI blows .138 and for Driving All Over Road


The Charges

A driver entered into a DUI checkpoint and the officers noticed signs of intoxication. The driver failed field sobriety testing and submitted to a breath test. The driver blew .134% & .138% breathalyzer results, which are far over the legal limit. Police arrested the driver on his third offense of DUI.

Third Offense DUI

The consequences of a third DUI (Driving Under the Influence) conviction have penalties that are based off of when each of the three DUIs occurred. If the three DUIs happened within a ten-year timespan, the following penalties may be applied to the third DUI:

  • Charged as a third-degree felony with up to five years in prison
  • Fines ranging from $2,500 to $5,000
  • Vehicle impoundment for 90 days
  • Mandatory imprisonment for at least 30 days
  • Minimum of 10 years driver’s license revocation
  • An ignition interlock device placed on the car for at least 2 years after a license has been reinstated 

If the third DUI happened outside of a ten-year span, the following penalties will be issued:

  • Charged as a first-degree misdemeanor with 12 months in jail
  • Fines ranging from $1,000 to $2,500
  • An ignition interlock device placed on the car for at least 2 years after a license has been reinstated 

Motion to Suppress Evidence

A motion to suppress evidence occurs when a defendant or their attorney requests that the judge in a trial exclude evidence from a case. The written request is formal and is typically made before the trial. A motion to suppress evidence is very common in Fourth Amendment search-and-seize cases. The information is often retrieved illegally or in violation of the defendant’s rights. 

If evidence was obtained illegally, it could still be used in a court. This could happen under the following circumstances:

  • Inevitable discovery - If the evidence was inevitable via legal means
  • Independent source - If a combination of illegal and legal means were used to discover the evidence but the illegal means were of marginal significance
  • Standing - If the violation affects the rights of another person other than the defendant, with the defendant not having any standing to complain

Hiring Legal Services

If you or someone you love has been arrested and charged with DUI, either as a first or subsequent conviction, please contact Musca Law Firm today. We serve all of Florida with multiple offices in various cities throughout the state for your convenience. We offer a free initial case consultation, in order to determine how our services could best serve you and your specific legal needs.  All of our attorneys are experienced and will fight for your rights. We will develop a strategic defense for you and will negotiate with the prosecution to have your charges reduced or completely dropped. 

If you find yourself in this situation, it is imperative that you contact an attorney as soon as possible.You have the right to demand a legal hearing to challenge the suspension of your driver’s license. This must be done within ten days of being arrested and charged with your DUI. 

RESULT: The Musca Law Criminal Defense Attorney filed a motion to suppress evidence based upon the constitutionality of the DUI checkpoint. The State offered a generous deal based upon the motion of the defense, and reduced the charges resulting in NO DUI CONVICTION!