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

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?

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Attorney answers 8


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.


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 response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Florida. To set up a free consultation, please call my office at 727-755-3476.


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.

Jonathan Burton Blecher

Jonathan Burton Blecher


Mr. Waggoner is correct. You would be well-served to consult with this caliber of lawyer in the Orlando area as your stakes are high.


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, nor should it be interpreted as, legal advice or opinion. The reader should not consider this information to be an invitation to an attorney client relationship, should not rely on information presented here for any purpose, and should always seek the legal advice of counsel in the appropriate jurisdiction. Transmission and receipt of the information in this site and/or communication with me is not intended to solicit or create, and does not create, an attorney-client relationship between me and any person or entity.


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 visit our website at Twitter @cohenlawyer


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.


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)


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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