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Penalties for a Fourth DUI in FloridaFourth DUI Punishments
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If you have been arrested for a fourth DUI in Tampa, Hillsborough County, Florida, the case can be charged as either a felony or misdemeanor. If the case is charged as a felony, the DUI charge is a third degree felony punishable by up to five years in Florida State Prison. Contact a DUI Lawyer in Tampa, FL, to discuss this very serious felony offense with serious felony penalties.
Florida Statute Section 316.193(2)(b)(3) provides that a fourth conviction for a DUI misdemeanor constitutes a third-degree felony. However, the prosecutor for the State of Florida is precluded from using prior misdemeanor DUI convictions to support a felony DUI conviction under this provision if:
- the prior convictions occurred when the person convicted was not represented by an attorney;
- the defendant was indigent and entitled to court-appointed counsel;
- the defendant did not waive the right to counsel, and
- the convictions were punishable by imprisonment. State v. Kelly, 999 So.2d 1029, 1053 (Fla.2008).
If the prosecutor has charged a DUI as a felony based upon a belief that three prior convictions had occurred, the defendant bears the initial burden of showing through a written motion under oath that at least one of the prior convictions should be eliminated.
As a practical matter, it is often difficult for the prosecutor to prove prior convictions especially if the convictions are more than 10 years old or if the convictions occurred in another state.
If you have been charged with the felony offense of a Fourth or Subsequent DUI then call an aggressive and experienced Tampa DUI Attorney as early in your case as possible. Contact an lawyer with the Sammis Law Firm to discuss developing the best strategy to fight this felony DUI charge by calling 813-250-0500 today.
Permanent / Lifetime Ban - Florida Driver's License Revocation
Perhaps the most serious consequence of a fourth DUI conviction is that a Fourth DUI in Florida results in a permanent revocation of your driver's license (regardless of whether it is treated as a first, second, third, or subsequent DUI by the trial court at sentencing).
If this DUI is the Fourth DUI that appears on your driving record either now or in the future, then your driver's license will be permanently revoked. Florida law now provides that it is possible to obtain a hardship license after serving ten (10) years of the reovcation period.
After the 10 years the person becomes eligible to apply for a hardship driver's licnese in the Administrative Reviews Office where the person lives. The person must complete DUI School and all recommended treatment if referred. The person must also have a favorable recommendation from the Special Supervision Services program to be eligible for a hardship license. Once approval to reinstate for a hardship license, the driver must present the approal to the driver license office to do the following:
- take the driver's license examination;
- pay an administrative fee;
- pay a reinstatement fee;
- pay any license fee; and
- show proof of bodily injury liability insurance with appropriate limits.
The person must remain in the Special Supervision Services Program to retain the hardship license.
Consequences of a Fourth or Subsequent DUI in Tampa under Florida LawFlorida Statute Section 316.193(2) provides that any felony conviction for a Fourth or Subsequent DUI can be charged with a felony in the third degree which is punishable up to five years in Florida State Prison and a five thousand dollar fine.
Contact an Experience and Aggressive Felony DUI Attorney
Contact a criminal defense attorney at the Sammis Law Firm to discuss your arrest and prosecution for a fourth DUI in Tampa or Plant City in Hillsborough County, FL. At the Sammis Law Firm, our DUI attorneys in Tampa provide free consultations for anyone charged with driving under the influence of alcohol or drugs (DUI).