Fourth or Subsequent DUI
A fourth charge of DUI carries more severe penalties than previous convictions for DUI in Florida, and the same penalties apply to any charge beyond the fourth. You can be charged with a fourth or subsequent DUI, even if you have never been charged with a DUI in Florida before if you have previously been convicted of any three or more similar offenses in other states.
Brooksville Fourth or Subsequent DUI Defense Lawyer
Facing your fourth or subsequent DUI charge can be a disheartening, devastating experience. If you have been arrested for DUI for the fourth time in Homosassa Springs, Wildwood, Spring Hill, Floral City, Brooksville, North Weeki Wachee, Lake Panasoffkee, or the surrounding areas in Hernando, Citrus, or Sumter Counties, you’ll want more than just a defense lawyer – you’ll want a knowledgeable and experienced DUI defense attorney who understands just how all-consuming of your life your fourth or subsequent DUI charge in Florida is.
With more than 20 years of his own criminal defense experience and a family tree full of legal professionals, Ashley Aulls is a skilled and knowledgeable Hernando County criminal defense attorney who founded Ashley M. Aulls, P.A on the principle that the client is just as important as the case. Ashley Aulls does much more than just fight to protect your rights and your future from convictions — he seeks to educate you on your charges and keep communication lines open for any concerns you might have.
To begin fighting your fourth or subsequent DUI charge in Hernando County, Sumter County, or Citrus County, call Ashley M. Aulls, P.A at (352) 593-4115 today to set up an initial case consultation.
Information Overview on Fourth DUI in Florida
- Fourth or Subsequent DUI in Florida Defined
- Penalties for a fourth Drunk Driving Charge in Florida
- Enhanced Penalties for Fourth and Subsequent DUIs in Florida
You may be charged with a fourth or subsequent DUI if you have been convicted of any three or more similar offenses in other states, even if this is the first DUI you have been charged with in the state of Florida. Under Florida Statute § 316.193, previous convictions outside Florida for “driving under the influence,” “driving while intoxicated,” “driving with an unlawful breath-alcohol level,” “driving with an unlawful blood-alcohol level,” “driving while ability impaired by alcohol,” or any other similar alcohol-related or drug-related driving offenses all qualify as “previous convictions” in Florida.
In Florida, you can be arrested for DUI under two different circumstances:
- if you are in actual physical control of a vehicle with your normal faculties impaired by alcohol, inhalants, or controlled substances (for example Oxycodone, Xanax, marijuana, or cocaine), or
- if you are in actual physical control of a vehicle and have a blood or breath alcohol concentration (BAC) of .08 or higher – this is known as a “per se” DUI.
Actual physical control does include driving, however, many factors contribute to determining whether you were in actual physical control of a vehicle, such as your location in or around the car, whether the vehicle is operable, and whether you had the keys in your possession or on your person. “Normal faculties” are defined by Fla. Stat. § 316.1934 as including the ability to walk, talk, make judgments, see, hear, and normally perform general physical and mental acts of daily life. If you do not have full possession of normal faculties, you are considered impaired under Florida law.
It is therefore entirely possible under Florida law to be charged with a fourth or subsequent DUI in Brooksville, Timber Pines, Spring Hill, or elsewhere in Hernando County or the surrounding areas if the law enforcement officer determines your faculties to be impaired even if your BAC was not over the legal limit, or if you were sleeping off the effects of alcohol in your car while parked in a legal parking space. No matter the circumstances surrounding your DUI charge, whether you were driving or met other Florida criteria, seeking the advice of an experienced DUI defense lawyer serving Hernando County is strongly recommended.
The penalties that come with a conviction for a fourth or subsequent DUI charge in Florida are tough and depend on the circumstances of your individual case. By law in Fla. Stat. § 316.193, a fourth or subsequent conviction for DUI is a third-degree felony and results in:
- Up to 5 years in prison
- $2000-$5,000 fine
- 6-12 months of a driver’s license revocation, with no early reinstatement for hardship possible
- 1 year of administrative driver’s license revocation for any BAC test over .08 after the first
- Level I or Level II DUI school, which may include an evaluation for alcohol and/or drug abuse as well as mandate continued treatment
In addition to penalties resulting from a conviction of DUI, you also face a year of administrative driver’s license revocation for a refusal to take a BAC test. A 2nd or subsequent refusal can result in an 18-month driver’s license suspension.
Additionally, in Florida if you are convicted of a fourth or subsequent DUI within ten years of a previous conviction you also face the following penalties:
- Immobilization or impoundment of your vehicle for 90 days, which may not be served concurrently with the incarceration
- Ordered to participate in a sobriety and drug monitoring program, at your own expense
- Mandatory minimum of 30 days in jail
- Driver’s license revocation for at least ten years, with no hardship reinstatement for the first two years
Additionally, when your license is eventually reinstated after suspension for a fourth or subsequent DUI, you will be forced to install, at your own expense, an ignition interlock device on any vehicle you own or lease for at least two years.
A fourth or subsequent DUI is graded as a third-degree felony conviction, which means you will be required to disclose it on most Florida job applications. It can therefore affect your future educational and professional opportunities. If you are considering the services of an experienced Hernando County DUI defense lawyer as a part of your defense strategy, it is best to contact an attorney as soon as possible after you have been arrested.
Certain circumstances are considered aggravating circumstances for any DUI regardless of whether it is a first or a subsequent offense. If you had a BAC of .15 or above or were accompanied by a minor in the commission of your DUI offense, your fourth or subsequent DUI penalty will be enhanced to a minimum fine of $4,000.
You face even more severe penalties if you are accused of causing or even contributing to cause property damage, injury, or death. An experienced DUI defense lawyer serving the Brooksville area can help you fight against these enhanced penalties or other fourth or subsequent DUI penalties in Hernando County.
Finding the Best DUI Attorney in Hernando County
If you are facing a fourth or subsequent DUI charge in Hernando County, Citrus County, or Sumter County, contact Ashley M. Aulls, P.A. Experienced DUI defense attorney Ashley Aulls has over 20 years of defending clients like you who have been charged with DUI and putting their needs first. Call (352) 593-4115 today to see what experienced defense lawyer Ashley Aulls can do for your fourth or subsequent DUI case.