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Third DUI in Palm Beach County

Third DUIs carry with it harsh penalties and are taken very seriously by prosecutors and judges. Usually the prosecutor will seek jail once they find out that this is the third DUI. It is essential to hire an attorney that will be proactive in your defense. As a former prosecutor, Andrew has handled thousands of DUIs at the State Attorney’s Office. This gives him an advantage over others because he knows how the other side will be thinking about your case.

What is going to happen to me if I am convicted of a Third DUI?

We first have to determine if you are charged with a felony or a Misdemeanor. A third DUI within 10 years of the prior conviction is able to be charged as a Felony in Florida. However, there needs to be certain factors that are met for you to be charged with a felony.

  • First, have you been convicted of DUI twice in the past?
  • Second, was one of these within the last 10 years? If not, then you cannot be charged with a felony.

In practice, it really depends on the filing attorney at the state attorney’s office whether or not your case will be filed as a felony. This filing attorney has discretion to decide if the case should be filed as a misdemeanor. If you hire us before your case is filed, we can present mitigation to the filing attorney at the prosecutor’s office in an effort to convince him or her to file this case as a misdemeanor.

Penalties for a 3rd DUI in Palm Beach County

If your case is filed as a felony, then the maximum penalty is 5 years in prison. If it is a misdemeanor then the maximum is 364 days in jail. The prosecutor will do everything in their power to make sure you are incarcerated for a third DUI. It is actually mandatory to do 30 days in jail minimum if they are able to prove that this is your third DUI. It is very important to retain an attorney that has handled 3rd DUIs before. A skilled attorney may be able to find weaknesses in the prosecutor’s case in order for you to avoid jail.

Hardship license for third DUI administrative suspension

The administrative suspensions are similar to first and second DUIs in that if you blew over a .08 the DMV will suspend your license for 6 months. If you refuse to blow into the breathalyzer then the DMV will suspend your license for 12 months. If this is your second refusal to blow into a breathalyzer then your license will be suspended for 18 months. During this administrative suspension for a third DUI you are not able to get a Hardship license. It is important to hire an attorney within 10 days of your arrest so we can challenge this administrative suspension.

Court ordered license suspension

For a third DUI, you are facing a 6 month to permanent drivers license suspension. If this is a third DUI within 10 years, then the minimum court ordered suspension will be 10 years. If you receive this 10 year suspension you will be eligible for a hardship license after 2 years. However, this is not guaranteed and you will have to comply with the requirements set forth by the DMV in order to retain the hardship license.

Contact DUI attorney Andrew Simko

If you have been arrested for DUI in Florida, it’s crucial to consult with an experienced DUI attorney who can evaluate the details of your case, help you understand your legal options, and work to protect your rights and interests. Call Former Prosecutor DUI Defense Attorney Andrew Simko today to discuss your case and possible defenses.