Fourth or Subsequent DUI Offense Florida

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If you find yourself facing a fourth DUI charge in Florida, you could be looking at a third degree felony with a potential five-year prison sentence. The mandatory fine is $2,000, but the court has the authority to increase it to $5,000. Losing your driver's license for life is one of the harshest penalties for a fourth DUI conviction.

To prove your prior DUI convictions, the prosecutor must provide a certified copy of the judgment and sentence from your previous cases. This can be challenging, especially if the DUIs are old or from out of state. In such situations, your defense attorney can file a motion to have the DUI reclassified as a misdemeanor.

Even if the prosecutor and judge are unaware of all your prior convictions, the Department of Highway Safety and Motor Vehicles (DHSMV) will still treat your case as a fourth DUI. This means that even if the court doesn't recognize it as such, the DHSMV will revoke your driver's license for life if their records indicate a fourth DUI conviction.

Given the serious consequences of a fourth DUI, it is essential to avoid finding yourself in this situation and to seek the help of a good DUI lawyer.

At The Law Office of Sean Clayton, PA, our dedicated DUI lawyers are focused on providing strong defense for DUI cases in Fort Lauderdale and the surrounding areas of South Florida. Our main objective is to achieve the best possible outcomes for our clients, which often includes getting charges dismissed or reduced. We have ultimate goal of helping clients minimize the lasting effects of a DUI charge.

Following a DUI arrest in Miami, Palm Beach, or Fort Lauderdale, individuals will be dealing with two separate cases - an administrative case with the DMV regarding driver's license suspension, and a criminal case in court. Our experienced DUI lawyers have successfully handled both types of cases in all three counties, providing personalized advice to clients on the best course of action for their situation.

We strongly advise anyone facing a DUI accusation to seek a DUI lawyer as soon as possible. For help in choosing the right attorney for your case, we recommend checking out our Tips for Choosing a DUI Attorney.

In order to secure a fourth conviction for DUI, the State must establish three  crucial elements beyond a reasonable doubt. 

First, they must demonstrate that the defendant either operated or was in "actual physical control" (i.e. had the ability to operate a vehicle). This includes situations where the defendant was discovered inside or on the vehicle with the keys in the ignition, regardless of their intention to sleep off the effects of alcohol. However, if the vehicle was not functional at the time of the alleged offense, the defense of inoperability may be invoked.

The second element pertains to the defendant's impairment caused by the consumption of alcoholic beverages, a chemical substance, or a controlled substance. This impairment can be proven in two ways: either by showing that the defendant's normal faculties were affected, or by establishing that their blood or breath-alcohol level exceeded the legal limit of .08 grams of alcohol per 100 milliliters of blood or 210 liters of breath.

To assess impairment of normal faculties, law enforcement often conducts field sobriety exercises. These tests are designed to identify any minor slips, slurs, or missteps that may indicate impairment. Although officers claim that these exercises are not graded on a pass/fail basis, they are trained to closely observe any perceived mistakes made by the defendant.

The term "normal faculties" encompasses a wide range of abilities, including but not limited to vision, hearing, mobility, speech, judgment, driving skills, decision-making in emergencies, and the performance of various mental and physical tasks in our daily lives. It may seem astonishing, but the police rely on these roadside assessments to determine a person's impairment. 

Additionally, it is important to note that any actions or statements made by the defendant while in the back of the patrol car, such as falling asleep, are recorded and can be used as evidence against them during the trial.

The prosecution must also prove the three (3) prior offenses the jury beyond a reasonable doubt.  This usually involves the use of court records, fingerprint analysis, driving records and other sources. Frequently, this is more difficult to prove than one might think,

Mounting a DUI defense demands in-depth technical expertise and litigation skills. It stands as one of the most diverse areas of legal practice, encompassing challenges related to technology, procedural intricacies, and legal principles—each contingent on the revelations during the discovery process.  To narrow down potential defenses in your specific case, consider scheduling a consultation with one of our experienced DUI lawyers in Fort Lauderdale. Our services extend to clients in Ft. Lauderdale, Miami, and Palm Beach. 

Administratively, a person arrested for a fourth DUI is facing a lifetime revocation of their driving privilege. The lifetime revocation is often the most significant consequence of a fourth DUI arrest. Even if the criminal case is reduced to a lesser offense and it is not a fourth criminal conviction, the DHSMV can act on their own records if there is a fourth DUI suspension when the citation indicates a .08 BAC or greater. Upon a conviction for fourth DUI, the Court is mandated to permanently revoke a person’s license. And, even if the court fails to permanently revoke your license, section §322.28(2)(d), Florida Statutes mandates that for a fourth DUI conviction, “the department shall permanently revoke the driver license or driving privilege pursuant to this paragraph.” There is little to get around this potential consequence under these circumstances.

Out-of-state DUIs for which the DHSMV is notified will also count, here in Florida, and result in a lifetime revocation. The statute says, “a conviction of driving under the influence, driving while intoxicated, driving with an unlawful blood-alcohol level, or any other similar alcohol-related or drug-related traffic offense outside this state is considered a conviction for the purposes of this paragraph.” 

Also, if a person with four convictions outside of the state of Florida attempts to get a license, they will be ineligible for a license here and have any license issued revoked upon notice to the DHSMV.

There is no hearing. The DHSMV will take action if the Department’s records indicate that the person, “[h]as committed an offense in another state which, if committed in this state, would be grounds for suspension or revocation.” 

Upon any of these occurrences, the Bureau of Records at the DHSMV will send you an “Order of Revocation.” You are not authorized to drive for the remainder of your life unless you obtain a hardship driver license. You may appeal this order within 30 days of the date of this order by filing a petition for writ of certiorari with the courts in accordance with Section 322.31, Florida Statutes.

On the bright side, Florida does consider people under permanent suspension eligible for a hardship license after serving five (5) years of the revocation period. A hardship driver license is granted only in specific circumstances and restricts the driving privilege. You may apply for a hardship license five years after the date of your most recent DUI conviction or revocation (if not convicted) or five years after you are released from incarceration, whichever is later.

To be eligible, you cannot use drugs or alcohol, you cannot be arrested for any drug-related offense, and you cannot drive a motor vehicle within this five-year period.

You can apply for your hardship license at your local DHSMV Bureau of Administrative Review. For the Ft. Lauderdale and Palm Beach areas, that’s on Oakland Park Blvd. in Broward County. For the Miami Area, it’s on Flagler Street. You have to set up an appointment and your local Bureau of Administrative Review Office will provide additional instructions once they have determined you meet the initial eligibility criteria.

After five (5) years of abstaining from alcohol and driving, an individual becomes eligible to apply for a hardship driver’s license. To qualify, the person must complete DUI School and any recommended treatments if referred. Additionally, a favorable recommendation from the Special Supervision Services Program (SSSP) is necessary.

Once approved for reinstatement and the hardship license, the driver must visit the driver license office to:

1. Take the driver’s license examination.
2. Pay an administrative fee.
3. Pay a reinstatement fee.
4. Pay any license fee.
5. Show proof of bodily injury liability insurance with appropriate limits.

To retain the hardship license, the person must remain enrolled in the Special Supervision Services Program. However, it’s essential to note that the Florida Department of Highway Safety and Motor Vehicles (DHSMV) has the authority to dismiss a person from the SSSP and cancel the hardship license under specific circumstances, as outlined in sections 322.271(5)(c) and 322.28(5) of the Florida Statutes.

A fourth DUI is considered a felony offense under Florida law. The court is required to impose the following mandatory minimum requirements, unless the conviction is avoided:

• Jail: Mandatory imprisonment of at least 30 days, with at least 48 hours served consecutively.
• Maximum Possible Incarceration: Five (5) years or, if a Habitual Felony Offender, up to ten (10) years
• Fine: the fine will range from $2,000 to $5,000.
• Vehicle Impoundment: The vehicle will be impounded for 90 days.
• Driver License Revocation Period: Lifetime revocation
• Hardship Reinstatement: The driver may be eligible for a hardship reinstatement after five (5) years if they have not consumed any alcoholic beverages or controlled substances, have not driven a vehicle for the 60 months prior to reinstatement, have completed DUI school, and remain in the DUI supervision program for the remainder of the revocation period. 
• DUI School: The driver must complete classroom instruction, undergo a substance abuse evaluation, and complete any recommended follow-up treatment.
• Mandatory Ignition Interlock Device: The driver must install an ignition interlock device in their vehicle for at least five years if the driver obtains a hardship license.

It is important to note that these are the mandatory minimum requirements, and the court may impose additional penalties at their discretion.

A little-known statutory section allows law enforcement to seize the vehicle of any person found driving under the influence who's license is currently suspended for a prior DUI. If, at the time of a new DUI offense, the person's driver's license is suspended, revoked, canceled, or is in an equivalent status due to a previous conviction for driving under the influence, the vehicle is subject to seizure and forfeiture under §§ 932.701-932.7062 and can also be subject to liens for vehicle recovery, towing, or storage under § 713.78. 

Law enforcement officers are required to notify the Department of Highway Safety and Motor Vehicles of any impoundment or seizure made for a violation as described above, following the procedures established by the department.

In accordance with this section, when the seizing agency obtains a final judgment granting forfeiture of the motor vehicle, 30 percent of the net proceeds from the sale of the vehicle will be retained by the seizing law enforcement agency. The remaining 70 percent of the proceeds will be used to first pay off any outstanding court costs, fines, and fees. Any remaining balance of the proceeds will then be deposited into the General Revenue Fund for the purpose of providing transportation services to participants of the welfare transition program through local workforce development boards. The court may consider whether the owner's family has alternative means of transportation when making decisions in a forfeiture proceeding under this section.