Fourth DUI in Florida

Under Florida Statute 316.193(2), any felony conviction for a Fourth or Subsequent DUI can be charged with a felony in the third degree, which is punishable by a $5,000 fine and up to five years in Florida State Prison. A fourth DUI has a Level 6 severity ranking under Florida’s Criminal Punishment Code.

Perhaps the most serious consequence of a fourth DUI conviction is that it results in a permanent revocation of your Florida driver’s license or privileges to drive in this state. You must go at least five years without driving before being eligible to apply for a hardship reinstatement for business purposes only.

The other penalties commonly imposed for a fourth (4th) DUI include:

• up to five (5) years in prison or probation;
• a permanent driver’s license revocation with no possibility of hardship reinstatement for at least five (5) years;
• a minimum fine of:
  • not less than $2,000 or more than $5,000; or
  • if BAL was .15 or higher, or if there was a minor in the vehicle, not less than $4,000;
• completion of community service hours;
• completion of level II DUI school and any recommended follow-up treatment; and
• completion of a psychosocial evaluation and additional substance abuse treatment.

For a fourth (4th) conviction, regardless of when prior convictions occurred, the court must impose a mandatory permanent revocation. The defendant may be eligible for hardship reinstatement after five years. If the defendant is incarcerated, then the revocation period begins upon the date of release from incarceration.

Attorney for a Fourth DUI in Tampa, FL

If you have been charged with the felony offense of a fourth or subsequent DUI, then it is important to contact an experienced Tampa DUI Attorney as early in your case as possible. We can help you learn more about the charges pending against you and ways to avoid the typical penalties imposed in these cases.

Our main office is located in Tampa in Hillsborough County. We also have a second office in New Port Richey, FL, where we fight a fourth DUI in Pasco County, FL.

Contact a criminal defense attorney at the Sammis Law Firm to discuss any DUI in Tampa, FL. At the Sammis Law Firm, our attorneys provide free consultations for anyone charged with a Felony DUI as a fourth or subsequent offense under Florida law.

Call 813-250-0500 today.

Problems with Proving the Prior DUI Convictions

Sometimes, the prosecutor will suspect the defendant has at least three prior DUI convictions, but be unable to prove it. If the defendant is charged with a fourth offense DUI, the DUI defense attorney might file a “Sworn Motion to Dismiss,” alleging that the prosecutor has insufficient evidence of one or more of the underlying convictions.

The sworn Motion to Dismiss falls under Florida Rule of Criminal Procedure, Rule 3.190(c)(4). In the Motion, the Defendant might assert that one or more prior convictions resulted from an uncounseled plea. For instance, the motion might allege that before proceeding with the plea, the judge did not conduct a Faretta inquiry by inquiring about the defendant’s age, education, mental condition, experience, and knowledge of criminal proceedings. If so, the defendant might allege the “uncounseled conviction” could not be used to enhance the current charge to a felony as required by State v. Kelly, 999 So.2d 1029 (Fla. 2008). The Defendant’s sworn affidavit typically supports the motion to suppress.

If the State cannot file a legally sufficient traverse showing the “waiver of counsel” was valid and complied with the Faretta requirements, then the court will grant the motion to dismiss. See Curtis v. State, 32 So.3d 759 (Fla. 2nd DCA 2010). If the court grants the motion, then the prosecutor might be required to refile the charge as either a felony third DUI within five (5) years or a misdemeanor third DUI outside five (5) years.

The Order of Permanent Revocation for a Fourth DUI Conviction in Florida