Third DUI Penalties in Florida

If you have been arrested for a third DUI offense, your minimum statutory requirements will depend on whether your third DUI occurred within ten (10) years of any prior DUI conviction. If all of the other DUI convictions were more than 10 years old, then no jail time is mandatory for the 3rd DUI.

On the other hand, if the third DUI occurred within ten (10) years of any prior offense, the crime can be charged as a felony, punishable by up to five (5) years in Florida State Prison.

The prosecutor at the State Attorney’s Office typically takes 21 days to make a filing decision. During that time, the prosecutor might decide to treat the third DUI as a misdemeanor even if it occurred within ten (10) years of a prior conviction, especially if:

• the prior conviction is more than ten (10) years old;
• the prior conviction occurred out of Florida; or
• the prior conviction resulted from an uncounseled plea.

Hiring an attorney to help you fight for the best resolution at the earliest stages of the case can make a huge difference. Whether your case is filed as a felony or a misdemeanor, if the third (3rd) DUI is reduced to a less serious offense, such as reckless driving, you can avoid many of these harsh penalties that would otherwise be required.

Attorney for a Third DUI in Tampa, FL

Hire an attorney immediately after the arrest. The prosecutor with the State Attorney’s Office in Tampa, Hillsborough County, will typically decide on whether to file the charge as a felony or a misdemeanor within 21 days after the arrest.

Your attorney may be able to present sufficient information to the intake prosecutor to convince them to file the charge as a misdemeanor instead of a felony. An attorney can help you avoid jail time while negotiating the best possible resolution.

The best result occurs if the case is dismissed outright because there was no lawful basis for the stop or arrest or if critical evidence is suppressed or excluded.

Contact us to discuss your case.

Call 813-250-0500.

Chart of Penalties for a Third DUI Outside 10 Years

Under Florida law, if the third DUI occurs outside ten (10) years of any prior DUI, then you will be charged with a first-degree misdemeanor offense. The court must impose the following mandatory minimum requirements must be imposed by the court unless you avoid the conviction:

Chart of Florida Third DUI Penalties (Within 10 Years of Prior)

Under Florida law, if the third DUI occurs within ten (10) years of a second DUI, you may be charged with a felony DUI offense. The following penalties apply unless you avoid the conviction:

Can a Vehicle Be Seized for Forfeiture?

For any felony DUI, the arresting officer might seize the vehicle for forfeiture. For example, the arresting officer with the Tampa Police Department might decide to seize a vehicle for a third DUI within ten (10) years of a prior or any fourth DUI. If so, the “Holding Information” section of the police report will list the reason for the hold as “forfeiture.”

The Seized/Towed Vehicle Details section of the police report will list the reason as “Forfeiture (Police Impound)” and provide information about the license, VIN, and description. The storage location is usually listed as “Stored at: TPD IMPOUND LOT.” The paperwork doesn’t explain that an attorney can help negotiate the vehicle’s release without paying extra. The notice might provide:

• Keys: With Vehicle
• Holding Information: The vehicle was police impounded with a hold placed for forfeiture.
• Reason for holding: Seized for Forfeiture (3rd DUI within 10)
• Process status: Checked
• Release Information:
• Authorized by: 48652 – JOSE “JOE” FERNANDEZ, TPD
• Permitted to release: Yes
• Towing costs: $170.00
• Tow request date:
• Tow arrival date:
• Disposal Information:
• Method: Returned to Owner Status: Disposed
• Disposal on:
• Note: CONTACT TAMPA POLICE FORFEITURE 813-276-3766

Read more about the seizure of vehicles for forfeiture in Florida.

Fines for a Third DUI in Florida

The third (3rd) DUI fines depend on whether the prior conviction occurred within or outside of 10 years. For a third conviction within ten (10) years from the second offense, the fine is:

• • • Not less than $2,000 or more than $5,000; or
    • If the BAL was .15 or higher or a minor child was in the vehicle, the fine is not less than $4,000.

Jail Time or Imprisonment for a Third DUI in Florida

At the court’s discretion, the court can give the defendant credit for any time served in a residential alcoholism or drug abuse treatment program, which is credited toward the term of imprisonment required for a third DUI in Florida. The jail time or imprisonment required for a third DUI in Florida is as follows:

• • • If the third DUI conviction is within ten (10) years of a prior conviction, the minimum mandatory imprisonment is at least 30 days (at least 48 hours of confinement must be consecutive); or
    • If the third conviction is more than ten (10) years of a prior conviction, the maximum mandatory imprisonment is not more than twelve (12) months, but no minimum mandatory jail time is required.

Driver’s License Revocation Period for a Third DUI

The driver’s license revocation period for a third DUI depends on whether the third offense occurred within ten (10) years of a prior conviction including:

• • • Third offense within ten (10) years of the second conviction:
      • Minimum ten (10) years revocation.
      • May be eligible for a hardship reinstatement after two (2) years.
    • Third offense outside 10 years:
      • The same revocation period applies for a first DUI.

If the DHSMV discovers the third DUI conviction within ten (10) years of any prior DUI conviction, it will send you an order of license revocation. The order will list the date of offense, the date of conviction, the county, and the case number.

Reinstatement of the Driver’s License after a Third DUI Conviction

Individuals convicted of a DUI may have their driver’s license privilege reinstated for business or employment purposes.

How do you get your Florida driver’s license back after a third DUI within ten years? To apply for a reinstatement of hardship privileges after a third DUI within ten (10) years of a prior conviction, the court or the DHSMV will impose a ten (10) year revocation. After the revocation takes effect, you must wait two (2) years before you can apply for hardship driving privileges.

To apply for hardship driving privileges during those ten (10) years, the driver must:

• • • not drive for any reason for two (2) years;
    • complete DUI school and remain in the DUI supervision program for the remainder of the revocation period
    • not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months before reinstatement;
    • install the mandatory ignition interlock device (IID) for at least two years as required by Section 322.16(1)(a) and (b).

You will also receive a notice that you are required to purchase and provide FR44 Certification of Insurance providing bodily injury liability (BIL) and property damage liability (PDL) insurance coverage for $100,000 / $300,000 / $50,000 or combined single limits of $350,000 and maintain it for three years from the date of suspension of your financial responsibility case.

If otherwise eligible, to avoid a $250 reinstatement fee, you must provide the FR44 form before the FR suspension date. You must obtain the FR44 before reinstatement if approved for a hardship license.

Finding a Lawyer for a Third DUI in Florida

If you need to find an attorney for a third DUI in Tampa or Plant City, FL, contact a Tampa DUI Attorney at the Sammis Law Firm. We can help you understand the best ways to fight a third DUI offense in Tampa or throughout Hillsborough County.

Whether your case involves a breath test, a blood test, a urine test, or a refusal to submit to testing, we can help.

Contact us for a free consultation to discuss ways to avoid jail time or incarceration, ways to protect your driving privileges, and special defenses that might apply to the facts of your case.

Call 813-250-0500 today.

This article was last updated on Friday, January 31, 2025.