Penalties for a third DUI offense can be severe and wide-ranging. When this happens, it is crucial to seek legal representation from a qualified criminal defense attorney who can help you understand your rights and options if you are charged with this felony crime.
An attorney can explain the potential consequences of a third-time DUI in Clermont and examine all available strategies to mitigate or eliminate the penalties you are facing. Our DUI defense attorneys will thoroughly review all evidence against you, including police reports, breathalyzer results, field sobriety test results, and any other relevant information to determine the most effective, tailored defense.
A DUI (Driving Under the Influence) occurs when someone operates or is in actual physical control of a vehicle while impaired by alcohol or drugs, or with a blood alcohol content (BAC) of 0.08% or higher. Driving or being in actual physical control of a vehicle means you can be charged even if you are not actively driving, but are in control of the vehicle (e.g., sitting in the driver’s seat with the engine running).
You can be considered under the influence of alcohol or drugs including alcoholic beverages, chemical substances, or controlled substances if your normal faculties are impaired. For drivers who are not yet 21, the legal limit is 0.02% BAC. For commercial drivers, the legal limit is established at 0.04% BAC .
State law focuses on impairment, meaning you can be charged even if your BAC is below 0.08% if your ability to drive is significantly affected. Driving under the influence of any controlled substance, including prescription or over-the-counter medications, can lead to a DUI charge.
Habitual felony offenders may face mandatory minimums and higher maximums. In addition to the presence of prior convictions, other aggravating factors can enhance the penalties attached to a third-time DUI in Clermont. These include a BAC of 0.15% or higher, a DUI with a minor passenger, a DUI that results in bodily injury, and a DUI with a suspended or revoked license.
A third DUI within a 10-year time frame is a third-degree felony. Third-degree felonies are the least severe of the felony classifications in Florida, but still carry significant legal consequences. A third-time DUI in Clermont within 10 years of a prior conviction is punishable by penalties such as:
A third-time DUI outside of 10 years can be charged as a first-degree misdemeanor. This could still carry penalties including jail time of up to one year, up to $5,000 in fines, license revocation, and the requirement to install an ignition interlock device for two years.
For a third-time DUI charge, multiple defenses could be applicable. These defenses could include challenging the legality of the initial traffic stop, questioning the accuracy of breathalyzer or blood test results, highlighting procedural errors during the arrest, or presenting mitigating factors like medical conditions or commitment to rehabilitation.
If you are facing a third-time DUI in Clermont, you could be subject to serious penalties should you be convicted in the case. An attorney can look for potential weaknesses in the prosecution’s case, such as errors in procedures, inconsistencies in evidence, or violations of your rights.
It is crucial to seek legal representation from a qualified attorney to understand your rights and options. Contact Umansky Law today to request your confidential case consultation with our team.
The Umansky Law Firm Criminal Defense & Injury Attorneys
