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If you have been accused of a third DUI offense then Florida law provides special punishments and penalties depending on whether the third offense occurred within or outside 10 years of any prior DUI conviction. These enhanced punishments may apply even if you were convicted out of state for a prior drunk driving or impaired driving offense such as OUI or DWI.
If you have been accused of a third offense of drunk driving in central Florida, then contact an experienced DUI defense attorney at the Galigani Law Firm. We represent both men and women accused of DUI in Gainesville, Ocala, Alachua, Newberry and the surrounding areas.
Under Florida law, any person convicted of a third DUI offense within 10 years of a prior conviction can be charged with a third-degree felony which is punishable by up to a $5,000 fine and/or 5 years in Florida State Prison. In many of these cases, the prosecutor may be unable to prove one of the prior convictions. If so, the felony DUI may be reduced to a misdemeanor instead of a felony.
Under the felony version, if the third DUI conviction occurred within 10 years of a prior conviction then mandatory imprisonment of at least 30 days must be imposed by the Court as a minimum mandatory term. At least 48 hours of confinement must be consecutive. The statutory maximum amount of imprisonment that the Court can impose for this third-degree felony is 5 years in Florida State Prison.
The period of impoundment or immobilization of the vehicle under Florida Statute Section 316.193(6) provides that for a third conviction within 10 years of a prior the court must impose a special condition of probation that the vehicle is immobilized for at least 90 days which cannot occur concurrently with any incarceration. The court can waive this requirement if any of the vehicles owned by the defendant are operated solely by an employee or if the condition creates a hardship on a family member who has no other form of transportation.
The fine schedule under Florida Statute Section 316.193(2)(a)-(b) provides that for a third DUI conviction that occurred more than 10 years from any second offense the fine is not less than $2,000 or more than $5,000. If the driver's blood or breath alcohol concentration was .15 or higher or if a minor child was in the vehicle then the fine must not be less than $4,000.
The amount of imprisonment allowed under Florida Statute Section 316.193, depends on whether the third offense occurred within or outside 10 years of a prior conviction.
If third DUI conviction occurred more than 10 years after a prior conviction, then the term of imprisonment can not exceed 12 months and no minimum mandatory term of imprisonment is required.
Florida Statute Section 322.271 and 322.28 provide that for a third conviction within 10 years of the second conviction the Department of Highway Safety and Motor Vehicles must impose a minimum 10-year revocation, although the driver may be eligible for a hardship reinstatement after two years of no driving for any reason.
Florida Statute Section 322.271 and 322.28 provide that if the third DUI conviction occurred within 10 years of any prior DUI conviction then a ten (10) year revocation will occur. The defendant can apply for a hardship reinstatement hearing after two years. The defendant must complete DUI school and remain in the DUI supervision program for the rest of the revocation period.
If the defendant fails to report for treatment or counseling then the driver's hardship license will be canceled. Additionally, the person who makes application for this hardship license must not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Furthermore, the driver must install the ignition interlock device for two years.
Call an experienced attorney at the Galigani Law Firm if you have been accused of DUI in Alachua County, or one of the surrounding areas including Lake City in Columbia County, Macclenny in Baker County, Starke in Bradford County, Titusville in Union County, Ocala in Marion County, Bronson in Levy County, or Trenton in Gilchrist County, FL.
We represent clients at every stage of the drunk driving case from filing for the formal review hearing, helping the client obtain a 42-day permit to keep driving, and at all court appearances in the criminal case. Call today for a free consultation.
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