Over 100 Not Guilty Verdicts At Trial | Over 2,000 Dismissals
* Statistics Verified by County Clerk of Court Documents
The third arrest for driving under the influence can result in severe sanctions, including a 10-year suspension of your driver’s license. These cases can be charged as a felony if the arrest occurred within 10 years of any prior DUI conviction. The matters should be taken seriously, and hiring an attorney within the first 10 days after the arrest is important for several reasons.
Your attorney will need to demand a formal review hearing within 10 days of the arrest. In addition, your attorney should contact the State Attorney’s Office requesting the office provide any evidence in mitigation that may convince the prosecutor to file the case as a misdemeanor instead of a felony. The sooner you act after a DUI arrest the better opportunities you have to fight the charges.
If you have been arrested and charged with a third DUI, contact a Tallahassee DUI defense attorney at . The attorney will be able to help you through the process and discuss what you need to do today to fight the case. The attorneys have years of experience in a variety of DUI cases, and they can help you make the best decisions for your future.
Call (850) 681-7777 to schedule a free consultation to discuss your defense options. Pumphrey Law represent adults and juveniles throughout Leon County and the surrounding areas in North Florida’s Big Bend region including Tallahassee, Crawfordville, Bristol, Quincy, Monticello and nearby areas.
After a DUI arrest you only have 10 days to request a DMV formal review hearing. At the formal review hearing, your attorney can subpoena witnesses and present evidence. If the arresting officer or the breath test operator fails to appear at the hearing, then the suspension will be invalidated. Your attorney might also be able to convince the hearing officer to invalidate the suspension for other reasons including a lack of evidence or inconsistencies in the evidence.
The hearing is entirely separate from the criminal case, which means you have the chance to win one even if you do not win the other.
If you do not request a hearing within 10 days of your arrest, your driver’s license will be suspended for either 12 months or 18 months, depending on whether you submitted to the breath test or not and whether you have previously refused to submit to a breath test.
The penalties for a third driving under the influence offense depend on whether any prior offense occurred within 10 years.
The DMV still may impose the suspension period for such an offense even if the prosecutor does not treat the case as a third DUI for sentencing purposes. A prior offense can include any DUI, boating under the influence or alcohol-related driving offense from another state, such as OVI or DWI.
Under Florida law, if a prior driving under the influence conviction occurred more than 10 years before the most recent arrest, then the offense can be charged as a first-degree misdemeanor with the following minimum mandatory provisions.
Under Florida law, if the third DUI occurs within 10 years of any prior driving under the influence conviction, then the offense can be charged as a third-degree felony. Felony charges carry steep penalties, including:
A third offense within 10 years of second conviction will result in a 10-year revocation. The defendant must serve two years of this revocation period before being eligible to apply for a hardship license. To be eligible, the driver must complete DUI school, any recommended treatment and a favorable recommendation from the Special Supervision Services Program. If given the approval to reinstate early for hardship, the defendant must present this approval to the driver’s license office. The defendant must remain in the Special Supervision Services Program for the duration of the revocation period to retain the hardship license.
A third DUI is a serious offense that can have long-lasting repercussions on your life, long after the sentence has been served. Obtaining an experienced Tallahassee drunk driving defense attorney early in your case may make a huge difference in how it is resolved.
Call (850) 681-7777 for a free consultation.
Attorney Don Pumphrey, Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals.
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