Third-offense DUI Lawyer in Tampa

Facing Charges for a Third DUI Offense in Tampa, Florida?

Our Aggressive and Experienced Tampa Third-offense DUI Attorneys Can Help You Fight Back

Have you been accused of a third-offense DUI in Tampa? Then, you’re facing charges for a serious offense with severe consequences, ranging from prison sentences to hefty fines. These penalties worsen with exacerbating factors such as having a minor in the vehicle. Fortunately, hiring our experienced third-offense DUI lawyer in Tampa can significantly reduce your risk of a conviction and its impacts.

The DUI defense team at Taracks and Associates has the experience to handle tough cases like yours. Our third-offense DUI attorneys will passionately defend your rights and challenge the prosecution’s case to help you win your freedom. In the worst cases, we’ll work tirelessly to minimize the severity of the charge or potential penalties. We’ll guide you through this difficult time, ensuring you do everything right in your fight for your future.

 

What Amounts to a Third-offense DUI in Tampa?

Understanding Tampa Third-offense DUIs

In Tampa, a person can be charged with a third-offense DUI when if the following factors are established:

• That they were in actual physical control of (or were driving) a motor vehicle
• That they were under the influence of drugs, alcohol, or another controlled substance that impairs their thinking and brain functioning
• That their blood or breath alcohol level at the time of driving was at least 0.08
• That they have been convicted of two prior drunk or impaired driving offenses (it doesn’t matter whether they were in or out of state).

A third DUI offense in Tampa can be charged as a misdemeanor or felony, depending on the specifics of each case. For example, were you convicted for any of the previous DUI offenses within the last 10 years? If yes, your third DUI offense will likely be charged as a third-degree felony. However, prior convictions of more than 10 years ago will make your third DUI offense a first-degree misdemeanor.

Fortunately, our skilled third-offense DUI lawyers in Tampa are not frightened by the severity of your case. Whether it’s a misdemeanor or felony, we’ll fight aggressively for your rights, freedom, and future.

 

Possible Penalties after a Tampa Third-offense DUI Conviction

What Are the Consequences Attached to a Third-offense DUI in Tampa?

The punishment for a third-offense DUI depends on whether your third DUI is within or outside 10 years of a prior conviction.

Jail Term

The minimum jail term for a third-offense DUI in Tampa is 30 days. Offenders whose second DUI was within 10 years may be incarcerated for up to 5 years. However, if your second DUI was more than 10 years prior, your third offense carries a maximum sentence of 12 months.

Fines

You may be required to pay a $2,000 to $5,000 fine if your third DUI occurred within 10 years of the second. However, if it’s been more than 10 years since your second conviction, your fine will range from $500 to $1,000.

Probation

Per Florida law, third-offense DUI carries mandatory reporting probation of up to 12 months. Probation may come with conditions such as regular drug testing, community service, and alcohol education classes.

Ignition Interlock Device 

A third-offense DUI conviction may require an ignition interlock device installation on all the vehicles you own, use, or operate routinely. This requirement will last for a minimum of 2 years after restoring your driver’s license.

Vehicle Impoundment 

Your penalties upon a third DUI offense conviction may include vehicle impoundment for 90 days. This is a mandatory punishment for offenders whose previous DUI was within 10 years of the third.

Driver’s License Revocation

A third DUI conviction within 10 years from a previous one may come with driver’s license revocation for 10 years. You’ll only be eligible for a hardship license after the first 2 years.

Note: Other penalties may be imposed depending on the specifics of your case, especially in the face of exacerbating factors.

The punishment for a third-offense DUI in Tampa is often stringent and overwhelming. Fortunately, you have a good chance of escaping these by letting our experienced Tampa third-offense DUI attorneys fight for your freedom.

 

What Are the Defenses to a Third-offense DUI?

Solid Defense Strategies against Third-offense DUI Charges in Tampa

A third-offense DUI charge isn’t the end of the world. As long as you have not been convicted, you still have an opportunity to escape the harsh penalties of this offense. This is often done through a number of defense strategies including:

• Illegal stops
• Inadmissible breath tests
• Insufficient probable cause
• Improper field sobriety tests
• Improper handling of evidence
• Mistake of fact
• Police misconduct
• Entrapment
• Involuntary intoxication
• Necessity
• Duress
• Inoperability of vehicle
• No actual physical control of the vehicle.

 

What Will My Third-offense DUI Lawyer Do for Me?

Understanding the Essential Roles Our Experienced Criminal Defense Teams Play in Your Case

Apart from brainstorming the best defense against your third-offense DUI charge, our DUI lawyers will also endeavor to:

• Watch out for and leverage inconsistencies in the prosecution’s case
• Force the prosecution to drop your charges through a number of tactics, including suppressing evidence
• Provide you with emotional support and legal guidance throughout your case
• Promptly apply for a DMV hearing to ensure that your driving privileges are reinstated
• Ensure that your constitutional rights are not violated
• Aggressively argue in your favor during the trial
• Negotiate a fair plea deal, if necessary
• Limit the consequences of a conviction to the barest minimum in the worst cases.

 

Frequently Asked Questions

Simplifying the Complexities Surrounding Third-offense DUI Cases in Tampa

Third DUI clients often need professional guidance to fully understand their rights and options, so we’ve compiled answers to the likely questions and concerns you may have:

What Should I Do upon Arrest for a Third-offense DUI in Tampa? 

Ensure that you remain calm and cooperate with law enforcement agents if you’re under arrest for a third-offense DUI. However, also remember to invoke your right to remain silent and refuse to answer questions without having your attorney present. Call our Tampa third-offense DUI lawyer the first opportunity you get for further instructions/advice.

Should I Negotiate a Plea Bargain? 

While a plea bargain is possible in third-offense DUI cases, it’s not the appropriate option for every situation. You should carefully analyze your unique circumstances to determine whether a plea deal will produce the best possible outcomes for you. As such, it’s important to consult our experienced attorneys, who can guide you to make informed decisions in this regard.

Can I Get My License Reinstated After a Third-offense DUI?

You can get your driver’s license and privileges reinstated by applying for a hearing with the Florida Highway Safety and Motor Vehicles (FHSMV). This should be done within 10 days of the date of your arrest. Our third-offense DUI lawyers can guide you through other further steps to getting your license back.

Am I Eligible for a Pre-Trial Diversion Program?

No. Florida’s pre-trial diversion program is targeted at offenders who have no criminal history or not more than one non-violent misdemeanor. Sadly, your two prior DUI convictions make your eligibility for a pre-trial diversion program highly unlikely. However, you can trust our experienced third-offense DUI lawyers to advise you of any other available alternative resolution for your case.

Will A Conviction for a Third DUI Offense Be Expunged from My Criminal Record?

No, you can’t expunge a DUI conviction, as it remains on your criminal record forever. You can only get them sealed (which requires a very tedious process). As such, your best option is to cooperate with our Tampa third-offense DUI attorneys to ensure that you’re not convicted of the crime.

 

Speak with the Tampa Third DUI Attorneys at Taracks and Associates Law Firm Now

Our Criminal Defense Team Has Got Your Back!

Do you need a reliable and smart defense attorney for your third DUI offense in Tampa? As a leading DUI law firm in Tampa, the legal team at Taracks and Associates is sure to provide a formidable defense on your behalf. We’ll maximize our experience and extensive knowledge of Tampa’s DUI laws to ensure that you achieve the best outcomes.