Third DUI in Florida: Is It a Felony?

By Jonathan Blecher on September 4, 2025

Woman Being Stopped By Police

Being arrested for driving under the influence is a serious matter anywhere, but in Florida, the stakes rise sharply when a driver faces a third DUI offense. Unlike a first or even second offense, which may be charged as misdemeanors under certain circumstances, a third DUI in Florida often crosses into felony territory. The distinction between a misdemeanor DUI and a felony DUI conviction can mean the difference between short-term penalties and years of long-term consequences that affect every aspect of your life.

At Jonathan B. Blecher, P.A., clients facing these challenges find an experienced DUI attorney with over three decades of experience defending drivers against DUI charges in the state of Florida. Attorney Blecher understands how high the stakes are for those with two prior DUI convictions and works tirelessly to protect their rights, limit penalties, and pursue the best possible outcomes under Florida law.

What Counts as a Third DUI in Florida?

Under Florida Statutes, a DUI occurs when someone operates a motor vehicle while impaired by alcohol or drugs, or with a blood alcohol level of 0.08% or higher. While a first or second DUI may result in fines, probation, and short license suspensions, things change dramatically once someone has two prior DUI convictions on record. A third DUI conviction is treated differently depending on when the prior convictions occurred:

  • If the most recent DUI conviction was within the past 10 years, the third conviction is a third-degree felony.
  • If more than 10 years have passed since the last conviction, the charge may still be classified as a misdemeanor; however, penalties are still harsher than those for a second offense.

This distinction between timing is critical. A felony DUI carries up to five years in prison, significant fines, and long-term driver’s license revocation periods. Even when classified as a misdemeanor, a third DUI conviction is still life-changing.

Penalties for a Third DUI Conviction

Florida’s penalties for a third offense reflect the state’s commitment to highway safety and its zero-tolerance approach toward repeat offenders. Some of the most significant penalties include:

  • Minimum jail sentence of 30 days, with a maximum of up to five years for a third-degree felony
  • Fines ranging from $2,000 to $5,000, depending on blood alcohol level and other factors
  • Driver’s license revocation for up to 10 years, with limited chances for hardship reinstatement hearings
  • Mandatory completion of Level II DUI school and a substance abuse evaluation
  • Ignition interlock device installation on all vehicles owned by the person convicted of a third DUI
  • Enrollment in a DUI supervision program through the Florida Department of Highway Safety and Motor Vehicles (FLHSMV)

These third offense penalties are designed to ensure repeat offenders face long-term restrictions on driving privileges, while also requiring treatment and supervision to prevent subsequent DUI convictions.

The Legal Process After a Third DUI Arrest

A third DUI sets off two separate tracks: criminal court proceedings and administrative hearings with the Department of Highway Safety and Motor Vehicles. The state attorney decides whether to pursue the charge as a felony or misdemeanor, while the driver must attend arraignment, pre-trial hearings, and possibly trial. At the same time, license revocation begins unless a formal review hearing is requested. These parallel processes can be overwhelming, but an experienced DUI defense attorney, such as Jonathan B. Blecher, can handle both, protecting your rights and ensuring deadlines are met.

Felony DUI vs. Misdemeanor DUI in Florida

Understanding whether a third DUI conviction will be classified as a felony DUI or a misdemeanor DUI is essential. The distinction depends on both timing and circumstances:

  • Misdemeanor DUI: If the last DUI conviction was more than 10 years ago, the case may be handled as a misdemeanor. Penalties remain severe, including mandatory jail time, fines, and a lengthy revocation period for the driver’s license.
  • Felony DUI: If the prior DUI convictions occurred within the past 10 years, or if there are aggravating factors such as a crash causing injury, the third conviction is automatically elevated to a third-degree felony.

Felony convictions carry long-term consequences that extend beyond the courtroom, including loss of voting rights, restrictions on professional licensing, and lasting damage to one’s personal reputation.

Possible Defenses to a Third DUI Charge

Even in cases involving two prior DUI convictions, defenses are available. An experienced DUI attorney will carefully review every detail of the case, searching for weaknesses in the prosecution’s evidence. Common defenses include:

  • Challenging the legality of the traffic stop or DUI checkpoint
  • Questioning the accuracy of breathalyzer or blood alcohol testing equipment
  • Highlighting procedural errors by law enforcement
  • Presenting evidence that the defendant was not impaired at the time of driving

Attorney Jonathan B. Blecher has built a reputation for crafting strong, individualized defenses that reflect the unique circumstances of each third DUI case. By aggressively examining police reports, video footage, and lab results, he identifies opportunities to reduce charges, negotiate alternatives, or, in some cases, seek dismissal.

Photo of a Drunk Driver

The Impact of a Third DUI Conviction on Daily Life

A third DUI conviction is not just about court dates and fines; it reshapes the defendant’s future. Beyond the mandatory ignition interlock device and strict supervision, the consequences reach into nearly every corner of life:

  • Employment: Many professions refuse to hire or retain employees with felony convictions, especially when the offense involved motor vehicles.
  • Professional Licensing: Nurses, teachers, real estate agents, and other licensed professionals may face disciplinary action or have their licenses revoked.
  • Family Life: Jail time, financial strain, and stigma can create significant challenges at home.
  • Community Standing: A felony record carries social consequences that can linger for years.

Because of these broad and lasting impacts, retaining a skilled attorney is not just about managing the case; it’s about protecting a client’s entire future.

Jonathan B. Blecher, P.A.’s Approach to Third DUI Defense

Attorney Jonathan B. Blecher understands the fear and uncertainty clients face when charged with a third DUI offense in Florida. His approach combines deep knowledge of Florida DUI law with practical defense strategies, including:

  • Reviewing whether prior convictions can legally be counted toward a third offense
  • Exploring opportunities for reduced charges or alternative sentencing programs
  • Guiding clients through DUI school, substance abuse evaluations, and compliance requirements to demonstrate responsibility
  • Advocating for hardship license eligibility during revocation periods
  • Preparing for trial when negotiations fail, with a focus on protecting constitutional rights

Protecting Your Future After a Third DUI Arrest

A third DUI in Florida carries life-changing penalties, from jail or prison time to lasting damage to your career and reputation. With so much at risk, it’s critical to have an experienced DUI defense attorney on your side. Jonathan B. Blecher, P.A., is dedicated to protecting clients’ rights and pursuing the best possible outcome. If you’re facing a third DUI charge, act quickly and contact the law firm of Jonathan B. Blecher, P.A., today.

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