Just arrested for 3rd DUI. What penalties will be imposed.

Asked over 1 year ago - Orlando, FL

I was convicted of my first DUI over 17 years ago. My 2nd DUI was over 7 years ago. Now I just got arrested for my 3rd DUI. Will this 3rd DUI be counted as within 10 years of prior conviction or outside of tens years. The penaltie's greatly vary on this issue. Also how does the DMV look back on priors. Am I looking at 10 year or 180 day revocation of my license?

Attorney answers (8)

  1. Brett Nicholls Metcalf

    Contributor Level 12


    Lawyers agree

    Answered . It will be considered 3 w/in 10. Only one of your priors has to be w/in that statutory period to qualify. A 3rd conviction will result in a 10 year court imposed suspension, but the length of theadministrative suspension will depend on whether you blew or refused.

  2. Christopher Charles Dyer

    Contributor Level 12


    Lawyers agree

    Answered . It will be a third within ten year dui. I recommend hiring a criminal defense attorney as soon as possible to help mitigate the penalties. The State may charge this as a felony.

    Good luck.


    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  3. Don Waggoner


    Contributor Level 17


    Lawyers agree

    Answered . It will be a 3rd within 10 yeras. Your license will be suspended for 10 years by the court. Call me and let's see what defenses you may have. You may have many options. 407-846-8008.

  4. Ralph F. Guerra

    Contributor Level 10


    Lawyers agree

    Answered . I agree with my colleagues and add that your prior convictions for DUI will not count if your prior(s) were not counseled. A lawyer can help analyze the strengths and weaknesses of the state's case, review possible defenses and look into your prior record.

    The response above is intended for informational purposes only. The information provided is not intended to be,... more
  5. Corey Ira Cohen


    Contributor Level 15


    Lawyers agree

    Answered . This is a 3rd within 10. It goes from the time between 2nd and 3rd conviction. Contact my office if you have additional questions.

    For more information or to set up a free consultation contact the Law Office of Corey Cohen at 407-246-0066 or... more
  6. Joseph Peyton Lea III

    Contributor Level 11


    Lawyers agree

    Answered . First of all you are looking at a Felony DUI. F.S. 316.193 (2) (b)1. states: 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. As for your DL suspension, F.S. 322.28 (2) (a) 3 states: Upon a third conviction for an offense that occurs within a period of 10 years after the date of a prior conviction for the violation of the provisions of s. 316.193 or former s. 316.1931 or a combination of such sections, the driver’s license or driving privilege shall be revoked for not less than 10 years.
    I strongly suggest that you secure competent legal counsel to represent you in this case.

  7. Jeffrey David Boston


    Contributor Level 13


    Lawyers agree

    Answered . Remember, just because you were arrested doesn't mean you will be convicted. Even if you blew over the legal limit of .08, you may be found not guilty at trial. If you did not blow, but the State has strong evidence against you, a plea offer of "Reckless Driving" may be on the table shortly before trial or on your trial date. The State may even drop the charge.

    The facts matter, as does the prosecutor. Many times, whom you hire as your attorney matters the most.

    Jeff Boston Legal (321.795.4232)
  8. Andrew Richard Parks


    Contributor Level 8


    Lawyer agrees

    Answered . Florida simply requires one of your prior convictions to have occurred within the past 10 years. As a result, you will be facing a third offense within a period of 10 years. While it is discretionary with the State Attorney's Office, you could be facing a felony DUI. If convicted, you face a 10 year license revocation. If you have additional questions, you can call my office at (407) 246-6384.

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