Legal Question in DUI Law in Florida

3rd Time within 10 years

Is there a mandatory incarceration for a 3rd DUI within the 10 year period? (9 years) and can it be reduced to a less serious offense if the BAT was a .2 that involved a one car accident with no personal injury?


Asked on 11/26/02, 9:34 pm

1 Answer from Attorneys

Eric Dirga Eric J. Dirga, PA

Re: 3rd Time within 10 years

QUESTION: Is there a mandatory incarceration for a 3rd DUI within the 10

year period? YES, 30 DAYS. And can it be reduced to a less serious

offense if the BAT was a .2 that involved a one car accident

with no personal injury? IT CAN ALWAYS BE REDUCED BY THE STATE ATTORNEY'S OFFICE. CONVINCING THEM OF THAT IS THE PROBLEM. WITH A BLOW OVER A .2 AND PROPERTY DAMAGE IT CAN BE "ENHANCED" MEANING YOU ARE LOOKING AT MORE THAN 30 DAYS IF CONVICTED.

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Answered on 11/27/02, 1:03 pm


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