It’s fundamental to understand that enhanced punishments may apply even if you were arrested out of state for a third offense of impaired driving or drunk driving. Contact our experienced and resourceful Tampa driving under the influence lawyers at Carlson Meissner & Hayslett to discuss your best legal options. We have what it takes to pursue a well-prepared and aggressive defense in third-offense cases to achieve your best possible outcome.

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.

Consequences of a Third DUI Offense

A third DUI offense is regarded as a second-degree misdemeanor in Florida. Moreover, DUI penalties for third-time offenses are more severe than a second-degree misdemeanor. Enhanced penalties will apply if you had a blood or breath alcohol level of 0.15 or higher and had a minor in the car at the time of the offense. These are the penalties that a judge is likely to impose on you if you get convicted of a third DUI offense in Florida:

  • Up to 12 months or reporting probation after 12 months in jail
  • Driver’s license revocation for 6 – 12 months
  • Fine between $2,000 and $5,000
  • 10-day immobilization or impoundment of the vehicle
  • 50 hours of community service
  • Mandatory ignition interlock device on all vehicles owned for at least two years
  • Psychological evaluation of the need for Substance Abuse Treatment
  • Completion of 21 hours in DUI Substance Abuse Course
  • Completion of a recommended treatment for substance abuse

DUI convictions can have a long-lasting impact on your future. You should immediately speak with a dedicated driving under the influence attorney in Tampa to develop a timely defense strategy.

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Potential Defenses We Can Use in Third DUI Offense Cases

Our legal team at Carlson Meissner & Hayslett can use several pretrial and trial defenses to overthrow a DUI conviction. Here are a few evidentiary defenses our qualified DUI attorneys have used in third-offense cases in Florida:

  • Illegal traffic stops
  • Improper field sobriety tests
  • Inadmissible breathalyzer results
  • Insufficient probable cause
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Our DUI Defense Lawyers Can Provide You with Strong Legal Representation to Protect Your Rights

If you have been charged with or arrested for a third DUI offense, contact the seasoned DUI defense lawyers at Carlson Meissner & Hayslett. Our leading criminal defense attorneys will guide you through the legal process and develop a powerful defense strategy to challenge the prosecution’s evidence. Our 50+ years of experience in successfully handling DUI arrests makes us one of Florida's top DUI defense law firms. Schedule your free and confidential consultation with us today. Call (727) 306-0273 or write to us online.

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