Fla. Stat. § 316.193(2)(b)

Florida DUI — Third Offense:
When It Becomes a Felony

A third DUI is where Florida law crosses a line — from misdemeanor to felony, from county jail to state prison. The timing of your priors decides which side you land on.

Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: June 2026

A Realistic Scenario

You have two prior DUIs — one eight years ago, one three years ago. After a long day you are stopped in Fort Pierce and arrested again. What felt like "another DUI" is now, under Florida law, a felony — because your most recent prior was inside the ten-year window.

That single fact changes everything: the court, the maximum penalty, and whether you are facing jail or state prison.

The Statute & the 10-Year Rule

A third DUI is still charged under § 316.193, but subsection (2)(b) elevates it to a third-degree felony when the third offense occurs within ten years of a prior conviction.

The Governing Statute
Fla. Stat. § 316.193(2)(b) — DUI — Third Conviction
"Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction … commits a felony of the third degree."
Read the full statute on Online Sunshine →

Outside that ten-year window, a third DUI is treated as a serious misdemeanor with enhanced penalties — but not the felony exposure. As with the five-year rule for a second offense, the exact dates of the priors are decisive.

The Actual Penalties

Third DUI Within 10 Years — Statutory Penalties (Felony)
Prison: Up to 5 years (third-degree felony), with a mandatory minimum of 30 days jail, at least 48 hours consecutive

Fine: $2,000 to $5,000 ($4,000+ if BAC 0.15+ or a minor was present)

License revocation: Minimum 10 years (hardship eligibility after 2 years)

Also: Mandatory ignition interlock for at least 2 years, vehicle impoundment, and a permanent felony record affecting firearm rights, voting, and employment.

What a Defense Attorney Looks For

  • The dates and validity of both priors. Whether the third offense truly falls within ten years of a valid prior conviction determines felony versus misdemeanor.
  • Out-of-state priors. Whether a conviction from another state qualifies is often contestable.
  • The underlying stop and testing — the same constitutional challenges apply, and the stakes for winning them are now far higher.
  • Whether a "wet reckless" or lesser resolution is achievable to avoid the felony designation.

At the felony level, the difference between an experienced defense and none can be the difference between prison and probation.

Frequently Asked Questions

When is a third DUI a felony in Florida?
A third DUI is a third-degree felony under § 316.193(2)(b) when it occurs within ten years of a prior DUI conviction. Outside ten years, it is charged as an enhanced misdemeanor.
How much prison time for a third DUI in Florida?
A third DUI within ten years is a third-degree felony punishable by up to 5 years in prison, with a mandatory minimum of 30 days in jail.
Does an out-of-state DUI count as a prior in Florida?
It can, if the out-of-state offense is substantially similar to Florida DUI. Whether a specific prior qualifies is often a point worth challenging with an attorney.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 316.193(2)(b) for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.