A man who lives in Islamorada in the Florida Keys was arrested for his 3rd DUI. He went to court, posted bond, and was arrested for another DUI just hours later.
In Florida, a third DUI that occurs within 10 years of the last DUI conviction can be charged as a third-degree felony.
A third DUI that occurs outside of 10 years since the last DUI conviction is a misdemeanor punishable by up to 364 days in jail.
A third DUI within 10 years carries a maximum penalty of 5 years in state prison. Fines can range from $2000 - $5000, and a mandatory driver’s license suspension of 10 years. There is a mandatory incarceration period of 30 days. There is also a requirement that the accused have their car outfitted with an ignition interlock device for 2 years. There is also a 90-day vehicle immobilization (impound) requirement.
For a third DUI outside of ten years, the maximum penalty is 364 days in jail with a fine between $1000 - $2000. There is a typically a 5-year driver’s license suspension (if your last DUI conviction was within 5 years of your 3rd).
Once you get beyond your 3rd DUI, you will likely be charged with a felony. You may also face felony charges for DUI if you get into an accident that causes great bodily harm or death.
Eric Matheny is a Miami DUI lawyer and Broward DUI lawyer.