Florida law reserves special penalties and punishments for drivers with a third DUI offense. The consequences of a conviction in these cases will depend on whether the third offense occurred within ten years of a prior DUI conviction.
Third DUI Offense in Florida
You can be charged with a third DUI offense under Florida Statute 316.193(1) and (2)(b)(2) if you:
- Were driving the vehicle or found to be in actual physical control
- Are under the influence of alcohol, chemical substance, or any other controlled substance that impairs and affects your normal faculties
- Have a blood or breath alcohol level of 0.08 or higher
- Have been convicted of DUIs or other comparable out-of-state offenses twice before
Actual Physical Control means the driver needs to be physically in the vehicle with the capability to operate it, regardless of whether they are operating the vehicle at the time of the arrest.