Pursuant to 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 a fourth DUI in Florida results in a permanent revocation of your driver’s license. 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 charged as a fourth or subsequent offense under Florida law.
Click here to read more about our Recent Case Results in DUI Cases.
Call 813-250-0500 today.
The Order of Permanent Revocation for a Fourth DUI Conviction in Florida
If you are convicted of a fourth DUI and four or more of those DUI convictions appear on your Florida driving record, then the Chief of the Bureau of Records with the Department of Highway Safety and Motor Vehicles (DHSMV) will send you an “Order of Revocation.” The order also notifies you that your driving privilege will be permanently revoked as a result of four or more DUI convictions appearing on your Florida driving record.
In the section that is supposed to list the offense date, conviction date, court, description and a ticket number, the order will often say: “DRIVING RECORD ENCLOSED.” The notice contains the following warning:
You are not authorized to operate a motor vehicle for the remainder of your life unless you obtain a hardship driver license. A hardship driver license is granted only in specific circumstances and restricts the driving privilege.
You may apply for a hardship license five years AFTER your most recent DUI conviction or five years AFTER the date you were released from incarceration (if applicable), whichever is later. To be eligible, you must not use drugs or alcohol, not be arrested for any drug-related offense, or drive a motor vehicle in this five year period.
If you were interested in applying for a hardship license and believe you meet the eligibility criteria, please contact your local Bureau of Administrative Review Office (see enclosed list) to schedule an appointment. They will provide you with additional instructions once they have determined you meet initial eligibility criteria.
This order is filed in the official records of the Department of Highway Safety and Motor Vehicles (DHSMV). You may appeal this order within 30 days of the date of this order by filing a petition for writ of certiorari described in Section 322.31, Florida Statute.
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