Florida DUI Fourth Offense

A fourth DUI offense in Florida can lead to serious and long-term consequences. The O’Mara Law Group is here to help you navigate this process: With over three decades of experience, we’ll work with you to achieve the most favorable outcome.

Written and edited by our team of expert legal content writers and reviewed and approved by Attorney Mark O’Mara

Content last updated on: July 2, 2024

If you have been convicted of a DUI in Florida for the fourth time, you may face serious consequences. Any DUI conviction must always be taken seriously, and even your first DUI offense can negatively impact your life and the lives of others around you. The penalties for your fourth DUI Florida conviction can be even more severe. You may find yourself paying thousands of dollars in fines, losing your driving privileges, and even being sentenced to jail for multiple years.

The O’Mara Law Group has over 35 years of experience defending complex cases and fighting against DUI offenses. If you have been arrested and are facing your fourth DUI conviction in Florida, please contact the O’Mara Law Group for experienced representation. Our team of experienced attorneys evaluates your case and works closely with you to build a strong strategy to support you best. We want to fight for you and get you the best possible outcome.

What Are the Penalties for a Fourth DUI Conviction in Florida?

If you have a fourth (or subsequent) DUI conviction in Florida, you have committed a DUI felony of the third degree per state law. As such, the crime is punishable in accordance with the penalties and fines for habitual felony offenders.

Penalties for a fourth DUI Florida conviction  include: 

  • Jail sentencing from one day to up to five years
  • Having your driver’s license permanently revoked
  • Mandatory fines between $2,000 and $5,000
  • Paying for and installing an ignition interlock device on all vehicles you own for at least two years after your conviction

Your criminal history, including any non-DUI convictions, may also impact the severity of the penalties you may face, including if you were recently released from prison or you have several repeat felony convictions and violent felony convictions.

The best way to try to minimize the possible consequences you may face for your fourth DUI conviction is by contacting a DUI lawyer in Central Florida as soon as possible. 

Is Jail Time Mandatory for a DUI Fourth Offense in Florida?

For a fourth DUI Florida conviction, jail time is mandatory. If you are convicted of a felony DUI, you can face anywhere between one day to up to five years in prison. Penalties for a fourth DUI Florida conviction may vary based on each person’s situation. If you have more than four prior DUI convictions or other previous convictions, you should expect to face more time in prison than those who only have four DUI convictions. 

What Is Florida’s Maximum Fine for a Fourth DUI?

The maximum fine permitted for a fourth DUI conviction in Florida is $5,000; the minimum amount you could be fined is $2,000. However, if your blood alcohol level is 0.15 or higher when you are arrested, the minimum required fine increases up to $4,000, though the maximum remains at $5,000. 

You will also be responsible for covering the costs of any administrative fees and court fees related to your case as it moves through the judicial process. This may also include costs for DUI supervision and services and expenses from driving or from your vehicle being towed or impounded. Combined, this could add up to an additional several hundred to several thousand dollars to your mandatory expenses. 

Can You Get Your License Back After Four DUIs?

After your fourth DUI conviction in Florida, your driver’s license will be revoked for a minimum of five years. After five years, and if there have been no subsequent DUI convictions during that time frame, you may be eligible to apply for a hardship license reinstatement. This allows you to regain your driving privileges so you can travel to and from your place of employment. Having your driving privileges reinstated through the hardship license also includes additional responsibilities, such as completing DUI school and being under DUI supervision. 

In order to be eligible for a hardship license, you need to complete DUI school and be in Florida’s DUI supervision program throughout the entirety of the time you are without your license, which makes it mandatory for you to report to counseling and therapy sessions regularly. You will also be required to use the ignition interlock device for 2 years and abstain from consuming any alcoholic beverage or controlled substance for 12 months before your license is reinstated and after it is reinstated. 

Fourth Offense DUI Defenses

Consulting with a criminal defense lawyer is the best and safest way to build a defense against your fourth DUI offense. At The O’Mara Law Group, our lawyers have over 35 years of experience building solid cases against DUI convictions, and we work with you to figure out the best defense possible. Some of the defenses we can explore in your case include the following:

  • Police officers unlawfully stopped you because they lacked reasonable suspicion to pull you over in the first place.
  • Officers improperly conducted sobriety tests when you were pulled over, making them invalid.
  • Your blood alcohol content level was not over the legal limit while you were driving.
  • Test results from the breathalyzer, blood test, and urine tests were inaccurate and therefore unreliable.
  • Evidence against you cannot be considered because it was mishandled.

How a Criminal Defense Lawyer Can Help

No matter whether you have been arrested for a first, second, third or fourth DUI, you will only have 10 days following your arrest to challenge the automatic administrative suspension of your driver’s license. The O’Mara Law Group has over three decades of experience handling complex DUI cases in Orlando.

Here are some ways a criminal defense lawyer from The O’Mara Law Group can help you:

  • Identify the justification the officers used to establish probable cause to pull you over and determine that you were driving under the influence as defined by Florida state law
  • Spot any possible issues with the field sobriety tests, breathalyzers, or other tests that may have been conducted by the officers who arrested you 
  • Determine if your Constitutional rights were violated or if the officers illegally searched you when you were pulled over
  • Review all evidence against you that is provided by the state and question its validity, if possible 
  • Handle conversations with law enforcement members involved in your case, including the police, investigators, and the State Attorney’s office
  • Establish a strong defense in the event we’re unable to reach a fair and reasonable plea deal

Our lawyers are ready to review your case and work closely with you to build a strong argument to help you reach the best possible outcome. Our team of lawyers will work diligently and thoughtfully with you to try to minimize the penalties you might face as best as possible. The state of Florida will get to work on building its criminal DUI case against you immediately, so let us get to work to defend your case now. 

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