A third DUI is where Florida law turns the corner from misdemeanor to felony, but only if the timing lines up. A third DUI within ten years of a prior conviction is a third-degree felony with mandatory jail, a ten-year license revocation, and prison exposure. A third DUI more than ten years after the last one stays a misdemeanor. As with a second offense, the date of the prior controls the outcome.
| Penalty | What the law provides |
|---|---|
| Charge level | Third-degree felony if within 10 years of a prior; first-degree misdemeanor if more than 10 years out |
| Fine | $2,000 to $5,000 |
| Prison or jail | Up to 5 years (felony) if within 10 years; up to 12 months if more than 10 years out |
| Mandatory minimum jail | 30 days if within 10 years of a prior |
| License revocation | Minimum 10 years if within 10 years of a prior, hardship eligibility after 2 years |
| Vehicle impoundment | 90 days if within 10 years of a prior |
| Ignition interlock | 2 years minimum |
The ten-year window runs from the date of the prior offense. A third DUI within ten years is a third-degree felony under section 316.193(2)(b), Florida Statutes. Program terms last verified June 2026.
The ten-year line that creates the felony
The ten-year window decides whether you are facing a felony or a misdemeanor. Inside it, a third DUI is a third-degree felony punishable by up to five years, with a mandatory thirty days in jail, a ninety-day impoundment, and a ten-year license revocation. Outside it, the charge is a first-degree misdemeanor. Because the window runs from the prior offense date, confirming exactly when the prior offenses occurred is the first and most important step.
The priors are part of the case
On a felony DUI, the prior convictions are not just history, they are elements the state has to prove. Whether each prior is valid, whether it was counseled, and whether it is being counted correctly all matter. Alongside the usual challenges to the stop and the testing, attacking how the priors are proven can be the difference between a felony and a misdemeanor.
Hardship license and the interlock
A third DUI within ten years brings a ten-year revocation, but you can apply to the DHSMV for a hardship license after serving two years of it. The conditions track the second-offense path: complete DUI school, stay in the DUI supervision program for the rest of the revocation, and show a clean year of no driving and no alcohol or drugs before applying. A two-year ignition interlock device is required. A third DUI outside the ten-year window carries the shorter 180-day-to-one-year revocation instead. These rules come from section 322.271, Florida Statutes. The application steps are covered in the hardship license guide.
I started out as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, and today I am one of six ACS-CHAL Forensic Lawyer-Scientists in Florida. I have stood on both sides of a DUI docket, so I can give you a straight read on where your case sits on the penalty scale, whether a reduction or a diversion program is realistic, and what it takes to get there. Learn more about my background.
Third DUI questions
Is a third DUI a felony in Florida?
A third DUI within ten years of a prior conviction is a third-degree felony, punishable by up to five years in prison and a $2,000 to $5,000 fine, with a mandatory minimum of 30 days in jail and a ten-year license revocation. A third DUI more than ten years after the last one is a first-degree misdemeanor.
What is the ten-year window?
The ten-year window is measured from the date of the prior offense. If your third DUI falls within ten years of a prior, it is charged as a felony with mandatory jail and a ten-year revocation. If the gap is more than ten years, it stays a misdemeanor, though still a serious one.
What is the mandatory minimum for a third DUI?
A third DUI within ten years carries a mandatory minimum of 30 days in jail, and at least 48 of those hours must be served consecutively. The license revocation is a minimum of ten years, with hardship eligibility after two years, and the vehicle impoundment is 90 days.
Can a felony DUI be reduced?
Diversion programs do not apply to a felony third DUI, so the defense centers on the evidence and the prior convictions themselves. Whether the priors are valid and properly counted, whether the stop and testing hold up, and whether anything can be suppressed all bear on whether the felony exposure stands.
How long is the license revocation for a third DUI?
A third DUI within ten years of a prior brings a minimum ten-year revocation, with hardship-license eligibility after two years. A third DUI outside the ten-year window carries the shorter 180-day-to-one-year range.
Related: the full penalty chart, a second DUI, a fourth or subsequent DUI, challenging the blood test, and the motion to suppress.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Florida DUI penalties are set by section 316.193, Florida Statutes, and related statutes including sections 322.28, 322.271, and 316.656. Diversion and charge-reduction programs are run at the sole discretion of each State Attorney and can change at any time. Every case turns on its own facts, and past results do not guarantee a similar outcome.
