Naples Third DUI Defense Attorneys
Customized Legal Strategies for Third DUI Violations
Although any DUI offense is serious, a third violation is especially so. Depending on the situation, you could be facing a felony charge. This means that upon a conviction, you could be sentenced to years in prison and/or ordered to pay hefty amounts in fines. Additionally, regardless of whether your DUI is a felony or misdemeanor, you will be subject to other penalties, including driver’s license suspension, an ignition interlock device requirement, and probation. Still, your DUI charge does not have to mean that you suffer maximum punishments or any punishments at all. You have the right to challenge the accusations against you and seek a more favorable outcome, and you have the right to have a criminal defense lawyer help.
Backed by over 45 years of combined experience, our Naples third DUI defense lawyers at the Law Offices of Cavanaugh & Cavanaugh, P.A. work diligently to pursue just outcomes for our clients. Having defended individuals in an array of criminal matters, we know the justice system inside and out. With this insight, we can guide you through your case, providing the advice you need to make informed decisions about how to move forward. Our team also recognizes that not every DUI matter is the same. That is why we deliver personalized attention and will develop a customized defense strategy for your situation.
To schedule a consultation with one of our third DUI defense attorneys in Naples, please contact us at (239) 309-2006 today.
What Constitutes a DUI in Florida?
Florida Statutes § 316.193 is the law concerning driving under the influence (DUI). The statute states that it is unlawful for a person to drive or be in actual physical control of a vehicle while under the influence of alcoholic beverages, any chemical substance, or any other controlled substance. A person is considered to be under the influence if their normal faculties are impaired. Additionally, an individual may be charged with DUI if they have a blood or breath alcohol level of 0.08 or more.
What Happens on a Third DUI Offense?
A third DUI can be either a misdemeanor or a felony. The level of charge and potential penalties you could face depend on when your previous two DUI convictions happened.
A third DUI violation that occurred over 10 years after your prior conviction is a misdemeanor.
The potential punishments include:
- Imprisonment: You could be ordered to up to 12 months of imprisonment.
- Fine: You could be fined between $2,000 and $5,000.
- Driver’s license revocation: Your driver’s license may be revoked for 180 days to 1 year.
- Probation: The court may order you to monthly reporting probation.
- Ignition interlock device: You may be ordered to have an IID on your vehicle for a minimum of 2 years.
If your third offense occurred within 10 years of your second DUI conviction, you will be charged with a third-degree felony.
At this level, the punishments include:
- Imprisonment: You could be sent to prison for up to 5 years. The court must order you to at least 30 days of imprisonment.
- Fine: You could be fined up to $5,000.
- Probation: The court may place you on monthly reporting probation.
- Driver’s license revocation: You could lose your driving privileges for at least 10 years.
- Vehicle impoundment: Your car may be impounded or immobilized for 90 days.
- Substance abuse course and treatment: You may be required to participate in a substance abuse course. You may also have to complete treatment if such is recommended.
- Ignition interlock device: You must have an IID installed on your vehicles for at least 2 years.
Whether your recent DUI happened within 10 years or more than 10 years after a prior conviction, you need an attorney to help fight your charge. At the Law Offices of Cavanaugh & Cavanaugh, P.A., we treat every case seriously and give it and our clients the attention they deserve.
How Can You Fight a Third DUI Charge in FL?
If you’re facing a third DUI charge, the consequences of a conviction can be extremely severe. Still, several defenses can be raised to avoid or minimize penalties.
Below are a few ways accusations may be challenged:
- Other explanations for driving behavior: The arresting officer might state they noticed erratic driving maneuvers, but they might not have been the result of alcohol or drug consumption.
- Inaccurate chemical test results: A blood or breath analysis might have indicated an unlawful alcohol concentration level, but this might have been due to errors in handling samples, poor machine maintenance/calibration, or several other factors.
- Unlawful stop or arrest: The police officer might not have had cause to pull the individual over or arrest them.
The arguments that may be raised in your case depend on the facts. Our third DUI defense lawyers in Naples can review your situation and determine how to fight your charge.
Schedule a Consultation Today
If you have been charged with a third DUI, you may feel overwhelmed and uncertain about what to do next. The criminal justice system can be confusing, and the stakes are high. At the Law Offices of Cavanaugh & Cavanaugh, P.A., we understand what you're going through, and we're here to help. We are concerned with protecting our clients’ best interests and doing what it takes to seek favorable outcomes.
Please contact our Naples third DUI defense attorneys by calling (239) 309-2006 today.
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