An arrest for a third DUI in Duval County is an extremely serious situation to be in. Consequences if convicted can be expensive in terms of fines, lost income from incarceration, and severe lifestyle changes due to driver’s license suspension. However, it’s important to remember that an arrest does not mean conviction will automatically follow, regardless of the circumstances you found yourself in. An experienced DUI attorney in Jacksonville can help you fight for favorable options including case dismissal, not guilty verdicts, acquittals, reduced charges, minimized sentencing and other positive solutions.
Bill Roelke has been representing men and women in Duval County charged with DUI for over 20 years as a Jacksonville criminal defense attorney. This experience, combined with a distinguished career as a medical researcher, gives him a keen insight into the evidence that is often the core of the prosecution’s case against you. Science is not perfect, especially not when employed by public servants. All of these details, combined with strong trial strategies can be an asset to have at your side if you’re facing your 3rd drunk driving or drugged driving charge.
Call (904) 354-0333 for a free, comprehensive consultation about your specific situation. Bill Roelke is adamant about providing all clients with a strong understanding of the charges that the face, the Florida criminal justice system, and closely gathering information about their case. This enables Bill to provide the foundation for a strong defense strategy and fight for a positive outcome to their criminal case. Roelke Law represents clients throughout Duval County, St. Johns County, Nassau County, Clay County, and nearby areas.
If a person is in actual physical control of a vehicle while under the influence of alcoholic beverages, controlled substances, or certain chemical substances and is impaired with a blood or breath alcohol level of 0.08, he or she is guilty of driving under the influence. Any person who has been convicted of a third DUI violation for an offense that occurred within 10 years of their previous DUI conviction is guilty of a third degree felony offense. This is punishable by the following
Individuals convicted of a third DUI violation more than 10 years after the date of a prior DUI conviction will be punished with between $2,000 and $5,000 in fines and / or up to 12 months in prison. This is in addition to an ignition interlock device installed for at least 2 years and other penalties listed above.
Regardless of when a prior DUI conviction occurred, a person who has been convicted of a fourth or subsequent DUI has committed a felony in the third degree. This is punishable by up to 5 years in prison and / or between $2,000 and $5,000 in fines. Additionally, there is a mandatory permanent driver’s license revocation with no hardship reinstatement after the 4th DUI.
A person who has been convicted of a DUI with a blood or breath-alcohol level of 0.15 or higher and had a person under 18 years old in the vehicle at the time of the offense faces distinct consequences. He or she can be also charged with a fine of at least $4,000 and mandatory placement of an ignition interlock device for at least 2 years.
Immediately upon arrest for failure to submit to testing or if the breath or blood results showed above the legal limit, the law enforcement officer is empowered to seize the driver’s license of the accused. This person has 10 days in which to request a hearing to combat the suspension of their driver’s license. If eligible, the person may receive a temporary 10 day driving permit.
Because the driver’s license is automatically suspended, there is nothing to lose when defending this option. Your attorney can also find useful information when representing you in the formal administrative hearing that can prove useful in the later criminal trial.
The Court will place all DUI offenders on monthly reporting probation. It also requires completion of a substance abuse program licensed by the Department, which also includes a psychological evaluation. The offender is required to further complete substance abuse treatment, education, evaluation, and treatment if the DUI program refers the individual to an authorized treatment provider. Costs for these services are assumed by the offender. Additionally, the referral to treatment resulting from evaluation cannot be waived without a supporting independent psych evaluation conducted by an authorized substance abuse treatment provider appointed by the court. The court will then review both evaluations and determine whether or not to grant the waiver request.
If the offender who was referred to treatment does not report to said treatment or fails to complete the treatment, the Department will cancel the offender’s driving privilege. However, the Department may reinstate this privilege temporarily on a restricted basis after verification that the substance abuse treatment and DUI education and evaluation have been completed. If the offender fails to complete the treatment a second time, the Department will only reinstate the individual’s driving privilege after notice that the treatment has been completed.
For the third or subsequent DUI conviction of an offense that occurred within 10 years after the previous DUI conviction, the court will order at least 30 days imprisonment. As a condition of probation, all vehicles owned by the defendant will be impounded or immobilized for 90 days. A minimum of 48 hours of confinement must be consecutive.
Contact Roelke Law if you or a loved one has been charged with a third or fourth DUI in Jacksonville, Atlantic Beach, Jacksonville Beach, Orange Park, St. Augustine, Fernandina Beach, or nearby areas. It’s important to assess your legal options as soon after arrest as possible. Bill Roelke will review the evidence and circumstances surrounding your alleged DUI to find weaknesses that can later be used to your advantage. However, the longer you wait, the more time you give the prosecution to build a case against you. Send an online message to schedule your free consultation.
