3rd dui after 10 years in florida As of 2024, about 5. Jul 29, 2025 · Florida law under §322. 28 (2) (a), a third DUI within 10 years results in a 10-year revocation. Select Year: The 2025 Florida Statutes What is a third DUI offense in Florida? A third DUI offense within 10 years in Florida is when a person is caught operating a vehicle under the influence of alcohol or drugs, having two prior DUI convictions within the last decade. Third DUI offenses within 10 years become third-degree felonies with 30-day minimum jail sentences and fines up to $5,000. A third DUI offense comes with a minimum license revocation of 180 days, and if the third conviction occurs less than 10 years after the second, a license can be revoked for up to 10 years. However, you may qualify for hardship reinstatement after a certain waiting period. This revocation is imposed by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) under Florida Statute 322. Can I go to jail even if I didn’t cause an accident or injury? Yes. You cannot seek hardship reinstatement for at least 2 years. As for jail time, if your 3 rd DUI in Florida comes at least 10 years after your second DUI conviction, you would face a maximum of 12 months imprisonment. Will a third DUI conviction go on my permanent record? Yes. At least two years of the revocation period must be served before the driver can apply for a hardship driver’s license in the Florida Administrative Review Office. Does refusing a breath test affect my license suspension? Yes. Sep 1, 2025 · Driver’s License Suspension and Revocation A third DUI conviction within 10 years of a prior offense results in a mandatory driver’s license revocation of at least 10 years. Per Florida statute, any person found guilty of having a third DUI conviction in Florida within 10 years of their last DUI conviction has committed a felony of the third degree. We help clients explore these options while also fighting the criminal charges. See full list on dui. drivinglaws. Jan 31, 2025 · 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 you are convicted of a 3rd DUI in Florida within 10 years of your second conviction, you would face mandatory imprisonment of at least 30 days, 48 hours of which must be served consecutively. A third DUI in Florida outside of 10 years occurs when an individual is convicted of a DUI for the third time, with the second offense happening more than 10 years prior. Aug 15, 2025 · If the third DUI occurs more than 10 years after the last conviction, it is usually charged as a misdemeanor, though it carries enhanced penalties. Thankfully, you can apply for a hardship reinstatement hearing after two years (so long as you haven’t consumed alcohol or a controlled substance in the previous year). A refusal results in an automatic administrative suspension under Jan 20, 2017 · If your 2nd DUI was 13 years ago, is there still mandatory jail time and loss of license, or do they treat it as a 1st offense in sentencing because they are more than 10 years apart? How long will your license get suspended for, and how much jail time do you get (if any)? A person with a third DUI conviction within 10 years of a prior DUI conviction may be eligible for a Florida Business Purposes the Only License after 2 years of the 10-year revocation. org Sep 12, 2025 · A third DUI in Florida can be charged as a felony or misdemeanor depending on whether any prior DUI conviction occurred within 10 years. Second conviction in five years (five-year revocation) or third conviction in 10 years (10-year revocation), customer must complete DUI school following conviction. If the third DUI offense occurs within 10 years of a second conviction, then a ten (10) year revocation will apply. . An attorney can work to challenge the suspension or shorten the time before reinstatement eligibility. Nov 26, 2024 · If you are convicted for a 3rd DUI in Florida within 10 years of the previous one, then your driver’s license will be revoked for 10 years. 09 drunk drivers out of 100,000 licensed drivers are involved in fatal DUI accidents. 28 imposes a minimum 10-year revocation for a third DUI within 10 years. Feb 1, 2025 · A third DUI is a major offense in Florida, and if it occurs within 10 years of a prior conviction, it is classified as a felony. If it is within 10 years, it is generally a third-degree felony. What are the penalties for a third DUI outside of ten years in Florida? A third DUI outside of ten years is typically charged as a first-degree misdemeanor, punishable by up to 12 months in jail, fines ranging from $2,000 to $5,000, mandatory ignition interlock device installation for two years, and a driver’s license suspension. If all of the other DUI convictions were more than 10 years old, then no jail time is mandatory for the 3rd DUI. Jul 13, 2025 · Under Florida Statute § 322. This means you could face up to five years in prison, a 10-year license suspension, and thousands of dollars in fines. 28. cyne klmxtt mpr zrxkd meaymbl vhsl xxhmi qttg rcyo iykthgmb jyvey reegkri jnm cxg efsjhx