DUI 3rd Offense

Why Your Third DUI Needs a Different Strategy Than the Last Two

At The Mayberry Law Firm, our Tampa DUI lawyers defend drivers facing a third DUI across the Tampa Bay area and Central Florida. If you searched for “DUI 3rd offense Florida penalties” or “Tampa third DUI attorney,” you already know the stakes are high. A third conviction can mean felony charges, long license revocations, mandatory ignition interlock, and real jail time. The good news: third-offense cases are defensible when you move fast and focus on the pressure points that matter.

What Counts as a “Third DUI” in Florida

Florida looks at your lifetime DUI history, then applies special rules to priors within a set time frame. A third DUI within ten years of a prior conviction is often charged as a felony with mandatory penalties and a long driver’s license revocation. A third DUI outside the ten-year window is usually a misdemeanor but still carries enhanced fines, longer interlock, and the real possibility of jail.

The state must also prove that your earlier convictions qualify as valid priors. Out-of-state DUIs, “wet reckless” dispositions, withholds of adjudication, and plea paperwork with missing warnings can be challenged. If one prior drops out, your exposure may fall dramatically.

Penalties and Collateral Consequences You Can Expect

A third DUI conviction can bring:

• Longer driver’s license revocation, often measured in years, not months
• Mandatory ignition interlock for an extended period after reinstatement
• Heavy fines and court costs, plus vehicle impoundment
• Jail or prison time, with minimums if the case falls within statutory windows
• Probation conditions: DUI school, substance abuse evaluation, treatment, community service

The collateral consequences can be just as serious: insurance spikes or cancellations, employment trouble (especially for CDL holders or licensed professionals), travel restrictions, and immigration concerns. These are all issues we address up front so you are not blindsided later.

The 10-Day Rule: Protect Your License Immediately

After arrest, you generally have ten days to act on the administrative suspension. We file the challenge with DHSMV, request a formal review hearing, and push for temporary driving privileges where available. Even if the criminal case turns out well, missing this window can leave you grounded for months.

How We Attack the “Third” Itself

Not every prior conviction counts. We examine:

• Whether out-of-state offenses are truly equivalent to Florida DUI
• Whether plea forms warned about rights, immigration, and license consequences
• Whether you had a lawyer or valid waiver at the prior plea
• Whether the “ten-year” clock is calculated correctly (arrest date vs. conviction date)
• Whether a prior “wet reckless” was mislabeled as DUI in the state’s file

If a prior is legally defective or outside the qualifying window, your case may be reclassified, lowering penalties and changing the negotiation landscape.

Field Sobriety Tests, Breath Tests, and Blood/Urine

Third-offense cases still hinge on the same proof as any DUI:

• Stops and detentions: We challenge lane-drift or wide-turn stops that lack reasonable suspicion, and detentions that were prolonged to “fish” for DUI evidence.
• Field tests: Uneven pavement, poor lighting, improper instructions, medical issues, and footwear can invalidate purported “clues.” Body-cam video is critical.
• Breath testing (Intoxilyzer 8000): Calibration, maintenance logs, operator certification, and observation periods must be in order. Mouth alcohol (reflux/GERD), dental work, or recent drinking can skew results.
• Blood/urine: Warrant sufficiency, chain of custody, serum vs. whole-blood conversions, hospital contamination, and non-impairing metabolites all matter.

A single sustained motion—suppression of the stop, exclusion of the test, or a win on an evidentiary defect—can collapse the state’s case.

Aggravating and Mitigating Factors That Move the Needle

Prosecutors weigh facts like crash injuries, a minor in the vehicle, or a very high breath result. We counter with mitigation that courts take seriously in third-offense cases:

• Verified treatment: inpatient or intensive outpatient, with clean progress reports
• Continuous sobriety monitoring: SCRAM, Soberlink, or transdermal programs
• Community service, employment stability, and family responsibilities
• Early interlock or voluntary vehicle immobilization to show safe driving commitment
• Character letters, counseling records, and restitution (if applicable)

Done right, mitigation can turn a rigid offer into a resolution that protects your future.

Common Defenses in Third-Offense Cases

• Bad stop or unlawful extension of the stop (suppression of all evidence that follows)
• Improper field testing (environmental factors, medical conditions, incomplete instructions)
• Intoxilyzer failures (maintenance gaps, operator errors, observation-period issues)
• Rising BAC (consumption just before driving; test taken long after the stop)
• Necessity (short, safe drive to avoid a greater danger, narrowly applied but viable)
• Defective priors (uncounseled pleas, non-equivalent out-of-state DUIs, incorrect ten-year math)

We tailor the defense to your facts, your history, and the courtroom you are in.

CDL Holders, Professionals, And Out-Of-State Drivers

Third-offense exposure is especially harsh for commercial drivers and licensed professionals. We plan around reporting duties, board rules, and interstate license compacts. For visitors, we coordinate with home-state counsel and structure outcomes that reduce follow-on suspensions when possible.

What Working with the Mayberry Law Firm Looks Like

You get fast action, plain-English guidance, and a plan. We preserve video before it’s overwritten, lock down maintenance logs, and demand full discovery. Early meetings with the prosecutor can frame the case correctly—on the law and on the facts—then we’ll litigate what needs to be litigated. We prepare every file as if it will be tried, because trial readiness produces better plea options and more dismissals.

3rd Offense DUI FAQs

Is a third DUI always a felony?
No. Timing and prior-conviction details control charging. Third within ten years of a prior often triggers felony filing; third outside that window is usually a misdemeanor with enhanced penalties.

Can I get a hardship license after a third DUI?
Eligibility depends on your revocation length, priors, treatment, and interlock compliance. We map the path based on your history and DHSMV rules.

Will old out-of-state DUIs count?
Not automatically. The state must prove equivalency and valid prior procedures. We audit those priors line by line.

Talk to a Tampa DUI Defense Lawyer Today

A third DUI charge can change the next decade of your life. Give yourself options—legal, practical, and professional—by acting today. Call The Mayberry Law Firm at (813) 444-7435 or send us a message to schedule a confidential consultation. We’ll protect your license deadlines, challenge the state’s evidence, and build a defense that targets both the “third” label and the DUI proof itself.