A third charge of driving under the influence (DUI) carries more severe penalties than previous convictions for this offense in Florida. You can be charged with a third DUI in Florida even if your previous convictions were in other states.
Brooksville Third DUI Lawyer
Facing your third DUI charge can be a daunting, overwhelming experience. If you have been arrested for DUI for the third time in Homosassa Springs, Floral City, Wildwood, Spring Hill, Brooksville, North Weeki Wachee , Lake Panasoffkee, or the surrounding areas in Hernando County, Sumter County, or Citrus County, you'll want an experienced and understanding DUI defense attorney who knows just how all-consuming of your life a third DUI charge in Florida can be.
With more than 15 years of his own criminal defense experience and a family tree full of legal professionals, Ashley Aulls is a skilled and knowledgeable Hernando County criminal defense lawyer who founded Ashley M. Aulls, P.A. on the principle that the client is just as important as the case. Ashley Aulls does much more than just fight to protect your rights and your future from convictions—he seeks to educate you on your charges and keep communication lines open for any concerns you may have.
To begin fighting your third DUI charges in Hernando County, Sumter County, or Citrus County, call Ashley M. Aulls, P.A. at (352) 593-4115 today to set up an initial case consultation.
Hernando County Third DUI Information Center
- How can a person be charged with this criminal offense?
- What are the possible consequences if an alleged offender is convicted?
- When might a person face enhanced penalties?
You may be charged with a third DUI if you have been convicted of any two similar offenses in other states, even if this is the first DUI you have been charged with in Florida. Under Florida Statute § 316.193, previous convictions outside Florida for “driving under the influence,” “driving while intoxicated,” “driving with an unlawful blood-alcohol level,” “driving with an unlawful breath-alcohol level,” “driving while ability impaired by alcohol,” or any other similar alcohol-related or drug-related traffic offenses all qualify as “previous convictions” in Florida.
In Florida, you can be arrested for DUI under two different circumstances:
- if you are in actual physical control of a vehicle with your normal faculties impaired by alcohol, inhalants, or controlled substances (for example: Xanax, Oxycodone, marijuana, or cocaine)
- if you are in actual physical control of a vehicle and have a blood or breath alcohol concentration (BAC) of 0.08 or higher, also called a "per se" DUI
Actual physical control does include driving; however, many factors contribute to determining whether you were in actual physical control of a vehicle, such as whether the vehicle is operable, if you had the keys in your possession or on your person, and your location in or around the car. "Normal faculties" are defined by Fla. Stat. § 316.1934 as including the ability to see, hear, walk, talk, make judgments, and normally perform general physical and mental acts of daily life. If you do not have full possession of normal faculties, you are considered impaired.
It is therefore entirely possible under Florida law to be charged with a third DUI in Brooksville, Spring Hill, Timber Pines, or elsewhere in Hernando County or the surrounding areas if the law enforcement officer determines your faculties to be impaired even if your BAC was not over the legal limit, or if you were sleeping off the effects of alcohol in your car while parked in a driveway. No matter the circumstances surrounding your DUI charge, whether you were driving or met other Florida specifications, seeking the advice of an experienced DUI defense lawyer serving Hernando County is strongly recommended.
The penalties that come with a conviction for a third DUI in Florida are harsh and depend on the circumstances of your individual case. By law in Fla. Stat. § 316.193, a third conviction for DUI results in:
- Up to a year in jail
- Up to $5,000 fine
- Up to 12 months of a driver's license revocation, with no early reinstatement for hardship possible
- Up to one year of administrative driver's license revocation for any BAC test over 0.08 after the first
- Level I or Level II DUI school, which may include an evaluation for alcohol and/or drug abuse as well as mandate continued treatment
In addition to penalties resulting from conviction of DUI, you also face a year of administrative driver's license revocation for a refusal to take a BAC test. A second or subsequent refusal can result in an 18 month driver's license suspension.
Additionally, in Florida if you are convicted of a third DUI within 10 years of a previous conviction you also face the following penalties:
- Immobilization or impoundment of your vehicle for 90 days, which may not be served concurrently with incarceration
- Ordered to participate in a sobriety and drug monitoring program, at your own expense
- Mandatory minimum of 30 days in jail
- Driver's license revocation for at least 10 years, with no hardship reinstatement for first two years
Additionally, when your license is reinstated after suspension for a third DUI, you will be forced to install, at your own expense, an ignition interlock device on any vehicle you own or lease for at least two years.
A third DUI is graded as a first-degree misdemeanor, or a third degree felony if it occurs within 10 years of a prior conviction, which means you will be required to disclose it on most Florida job applications. It can therefore affect your future educational and professional opportunities. If you are considering the services of an experienced Hernando County DUI defense lawyer as a part of your defense strategy, it is best to contact such a lawyer as soon as possible after you have been arrested.
Certain circumstances are considered aggravating circumstances for any DUI regardless of whether it is a first or a subsequent offense. If you had a BAC of 0.15 or above or were accompanied by a minor in the commission of your DUI offense, your third DUI penalty will be enhanced to a minimum fine of $4,000.
You face even more severe penalties if you are accused of causing or even contributing to cause property damage, injury, or death. An experienced DUI defense lawyer serving the Brooksville area can help you fight against these enhanced penalties or other third DUI penalties in Hernando County.
Find a Third DUI Attorney in Hernando County
If you are facing a third DUI in Hernando County, Citrus County, or Sumter County, contact Ashley M. Aulls, P.A. today. Experienced DUI defense attorney Ashley Aulls has over 15 years of aggressively defending people like you and always putting their needs first. Call (352) 593-4115 today to see what experienced defense lawyer Ashley Aulls can do for your third DUI case.