If you’re facing a second, third, or fourth DUI charge in Florida, the consequences can be severe, including mandatory jail time, felony charges, and permanent license revocation. However, not all prior DUI convictions can legally be used against you.
Did you know? If any of your previous DUI convictions were un-counseled, they may not count toward enhancing your charge to a felony. This could be a game-changer for your case.
This blog covers:
- The penalties for repeat DUI offenses in Florida.
- How prior DUI convictions impact sentencing.
- Why un-counseled DUI convictions may not count against you.
- The best defense strategies to fight a repeat DUI charge.
If you’re a repeat DUI offender, you need an experienced DUI defense attorney to protect your rights. At Fletcher + Fletcher, we specialize in defending repeat DUI cases in St. Petersburg, Pinellas County, and surrounding areas.
Understanding Florida’s Repeat DUI Penalties
Florida law increases penalties for multiple DUI convictions, depending on how recent the prior offenses occurred.
Second DUI Conviction (Within 5 Years of the First DUI)
- Mandatory jail time: Minimum 10 days, maximum 9 months (up to 1 year if BAC is 0.15+).
- Driver’s license revocation: 5-year suspension (hardship license after 1 year).
- Fines: $1,000–$2,000 ($2,000–$4,000 if BAC 0.15+ or a minor was in the car).
- Ignition Interlock Device: 1-year mandatory installation. Vehicle impoundment: 30 days.
Third DUI Conviction (Within 10 Years)
- Felony DUI: Third-degree felony, punishable by up to 5 years in prison.
- Mandatory jail time: Minimum 30 days (with at least 48 hours consecutive).
- Driver’s license revocation: 10-year suspension (hardship license after 2 years). Fines: $2,000–$5,000.
- Ignition Interlock Device: 2-year minimum. Vehicle impoundment: 90 days.
Fourth DUI Conviction (Any Timeframe)
- Felony DUI: Third-degree felony, punishable by up to 5 years in state prison.
- Mandatory permanent driver’s license revocation (no hardship license for 5 years).
- Fines: Minimum $2,000. Ignition Interlock Device: Mandatory upon any future reinstatement.
Important: If you’re facing a third or fourth DUI, it’s critical to challenge the legality of your prior convictions.
Can Prior DUI Convictions Be Used Against You?
Florida law allows prosecutors to enhance DUI penalties based on your past DUI convictions. However, not all prior convictions are valid for enhancement—especially if they were un-counseled.
What Is an Uncounseled DUI Conviction?
An uncounseled conviction means you were not represented by an attorney in your previous DUI case, and you did not knowingly waive your right to counsel.
Under Florida law and U.S. Supreme Court rulings, a prior DUI conviction cannot be used to enhance a new charge to a felony if:
- You were not informed of your right to an attorney.
- You did not voluntarily waive your right to counsel.
- You were denied legal representation in your prior case.
How Do You Challenge an Uncounseled Prior DUI?
If you believe one or more of your past DUI convictions were uncounseled, your attorney can file a motion to exclude them from being used against you.
Your legal team will:
- Review court records from your prior DUI cases to determine if you had proper legal representation.
- Challenge improper waivers of counsel if there is no evidence that you knowingly gave up your right to a lawyer.
If the court agrees, the prior DUI conviction will not count, which could mean:
- Avoiding a felony DUI conviction and facing less severe penalties.
- Reducing the charge to a misdemeanor DUI instead of a third-degree felony.
- Preserving your driver’s license, instead of a lifetime revocation.
If you’re facing a felony DUI due to prior convictions, contact Fletcher + Fletcher immediately to review your case.
Call now for a consultation.
Defenses Against Repeat DUI Charge
Even if your prior convictions are valid, a strong defense strategy can still challenge your latest DUI charge.
Common DUI defenses include:
- Unlawful Traffic Stop – If police lacked reasonable suspicion, the entire case could be dismissed.
- Inaccurate Breathalyzer Test – Breathalyzers must be calibrated correctly; errors can result in false BAC readings.
- Faulty Field Sobriety Tests – These tests are subjective and often affected by lighting, nerves, and uneven pavement.
- Violation of Miranda Rights – If police failed to read your rights, key evidence may be thrown out.
- Chain of Custody Issues – If your blood or urine sample was mishandled, test results could be inadmissible.
Can You Avoid Jail Time for a Repeat DUI
For repeat offenders, alternative sentencing options may be available, such as:
- Plea to Reckless Driving – A reduced charge with lower penalties.
- DUI Treatment Programs – Completing a program may reduce sentencing.
- House Arrest or Probation – Instead of jail, supervised release may be an option.
Each case is unique, and our legal team can determine the best possible defense strategy for you.
Why You Need an Experienced DUI Attorney
If you’re facing a second, third, or fourth DUI charge, the stakes are high—but you have options.
At Fletcher + Fletcher, we fight aggressively to:
- Challenge your prior DUI convictions if they were uncounseled.
- Fight for charge reductions or case dismissal.
- Negotiate alternative sentencing to avoid jail.
Time is critical! DUI cases move fast, and you have only 10 days to challenge your license suspension.
Schedule a free consultation today.
