Being convicted of a third DUI offense in Florida could result in harsh penalties and a greater likelihood serving an extensive sentence in jail due to the enhanced penalties that will be sought against you. These penalties could haunt you for the remainder of your life and could significantly impact your income as well as your family. However, an experienced DWI Defense Attorney could aid you through the legal process and help mitigate your losses.
DUI Defense Attorney in Miami-Dade County, Florida
Attorney Evan Hoffman is an experienced attorney with offices located in both Miami and North Miami, Florida, but serves the entire Miami-Dade County of Florida including but not limited to, Miami Beach, Hialeah, Homestead, and Coral Gables. Attorney Hoffman has also successfully represented students of the University of Miami, Florida International University, and Miami Dade College.
If you have been arrested for DUI, second DUI, third DUI, DUI with personal injury, intoxicated manslaughter, or any DUI offense in Miami-Dade County, Florida, contact The Hoffman Firm at (305) 249-0090 to schedule your free initial consultation and have an experienced Miami DUI Criminal Defense attorney represent your interests.
Third DUI in Miami, Florida
A person that has been arrested for their third DUI within 10 years of a prior DUI could have their offense charged as either a felony or a misdemeanor. If charged as a felony, it will be categorized as a third degree felony. However, if the offense is charged as a misdemeanor, certain enhanced penalties would still apply, such as:
- Third DUI in Florida Within 10 Years
- Up to a $5,000 Fine,
- Up to 5 years imprisonment,
- Mandatory Imprisonment of 30 days in Jail,
- License Revoked Up To 10 years,
- Ignition Interlock for minimum twenty-four (24) months,
- May be Eligible for Hardship Reinstatement after 2 years, and
- Reinstatement fee of up to $500
Under Florida law, a person that has committed their third DUI but it occurred more than 10 years after a previous DUI, the offense will be charged as a first-degree misdemeanor. This makes the 10 year window an important factor.
- Third DUI in Miami Outside of 10 Years
- First Degree Misdemeanor
- Up to $5,000 Fine,
- Up to 12 months in Jail,
- Ignition Interlock for minimum two (2) years,
- License Revoked Up to 5 years,
- Ineligible for Hardship License, and
- Reinstatement fee of up to $500
Florida's 21-Day Rule
A person with two prior DUI convictions on their record who is subsequently arrested for their potential third DUI conviction could have their third offense prosecuted as either a felony DUI or a misdemeanor DUI.
Typically, the prosecutor will make their decision within the first 21 days after the arrest once they have reviewed the police reports and the person's criminal record.
Whether the State Attorney's Office in Miami-Dade County, Florida decides to charge you with a felony or a misdemeanor for your third DUI offense, you need the expertise of an experienced DUI criminal defense attorney. Contact The Hoffman Firm at (305) 249-0090 or submit an online contact form to schedule your free initial consultation and have your case reviewed by a knowledgeable Miami criminal DUI defense attorney.
Driver's License Suspension – Florida's 10 Day Rule
According to Florida law, a person that is charged with a DUI offense has a ten (10) day deadline to request a formal review hearing to contest the administrative suspension of their driver's license. Regardless of the circumstances surrounding your DUI arrest, there is never a good reason to not request a formal review hearing.
However, a person that has any prior DUI convictions or a prior administrative suspension would not be eligible for immediate reinstatement of their driver's license.
10 Year Revocation of Driver's License
It is important to note the Florida Department of Highway Safety and Motor Vehicles (DHMSV) has the discretion to revoke the driver's license of a person that is convicted of their third DUI offense, regardless of how the court decides to sentence the conviction. This means, a person convicted of their third DUI offense within a 10 year period of a prior DUI conviction could have their driver's license revoked for up to 10 years.
Florida Third DUI Resources
Mothers Against Drunk Driving - Visit this website to learn more about MADD's mission to support victims of drunk driving and save lives through preventing drunk driving, tougher drug legislation, and raising funds for better infrastructure.
National Council on Alcoholism and Drug Dependence – Visit this website to learn more about drug dependency and which steps can be taken to prevent addiction from consuming your life and potentially destroying both your family and career.
DUI Attorney for Third DUI in Miami, Florida
When faced with a possible third DUI conviction in Florida, experience matters. If you have been arrested for DUI, second DUI, third DUI, DUI with personal injury, intoxicated manslaughter, or any DUI offense in Miami-Dade County, Florida, you need a knowledgeable Miami criminal defense attorney that understands the time sensitive steps that need to be taken.
Contact The Hoffman Firm at (305) 249-0090 to schedule your free initial consultation and have an experienced Miami DUI Criminal Defense attorney represent your interests.
Evan A. Hoffman
Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.Read More
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