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Fourth or Subsequent DUI

Attorneys in Palm Beach and Broward for a Fourth Drunk Driving Charge

Fourth or subsequent convictions, regardless of when the prior convictions occurred, can be charged as a third-degree felony. The prosecutor also has the discretion to prosecute the fourth DUI offense as a misdemeanor.

West Palm Beach Fourth DUI Lawyer

Regardless of whether you case involved a refusal to take a chemical test, or a test of your breath, blood or urine, act quickly to protect your rights. The prosecutor often makes the decision about whether to file the charges as a felony or misdemeanor within the first 21 days after an arrest. Contact a skilled DUI defense lawyer in West Palm Beach or Fort Lauderdale at Meltzer & Bell, P.A..

In some cases, the case will start off as a misdemeanor before the prosecutor determines that a felony charge is more appropriate. In many of these cases, the criminal defense attorney may file a motion to dismiss the felony DUI charge because there are insufficient evidence of a prior conviction.  Additionally, there are many reasons that the lawyers at Meltzer & Bell, P.A. would want to do all we can to keep these charges in County Court.  Should you be found guilty or plead guilty of the DUI, you MUST be convicted of the charge under Florida Law.  Thus, if filed as a felony, and IF convicted, you WILL become a convicted felon.  This means loss of civil liberties we all hold near and dear like the right to vote, the right to sit on a jury and the right to possess a firearm.

If you were arrested for DUI in West Palm Beach, Pembroke Pines, Fort Lauderdale, Boca Raton, or throughout Palm Beach County or Broward County, and it’s your fourth or subsequent case, then contact us to discuss your case. We can help you fight the charges. Call (561) 557-8686 today.

Overview of Fourth or Subsequent Drunk Driving Charges

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Penalties for a Fourth DUI

A fourth DUI is a third-degree felony, punishable by a $5,000 fine and up to five years in prison. Certain minimum mandatory penalties apply included a fine of not less than $2,000.

A serious consequence of a fourth DUI conviction is a permanent driver’s license revocation. The revocation can be imposed by the court at sentencing. Even if the conviction is not treated as a fourth offense at sentencing by the court and no permanent revocation is imposed by the court, the Florida Department of Highway Safety and Motor Vehicles DHSMV) can still impose the lifetime revocation based on the number of prior convictions appearing on the driving record.

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Applying for Hardship Revocation after the 4th DUI Conviction

After a fourth DUI conviction, you must serve at least five (5) years of this revocation period before being eligible to apply for a hardship license. The application is made in the Administrative Review Office where you live.

If you live in West Palm Beach, FL, or Palm Beach County then you will report to the following address:

Bureau of Administrative Review (BAR) Office
1299 West Lantana Road
Lantana, FL 33462
(561) 433-3636

For Broward County, the nearest office is at:

3708 W. Oakland Park Blvd.
Lauderdale Lakes, FL 33311
(954) 714-3551

You must also complete DUI School and any recommended follow-up treatment. You must also obtain a favorable recommendation from the Special Supervision Services Program to be eligible for a hardship license.

If you are given approval to reinstate early for hardship after a 4th DUI conviction, then you must present this approval to the driver license office. Thereafter, you must remain in the Special Supervision Services Program to retain your hardship license.

When you obtain the hardship reinstatement you must take the required examination, and pay an administrative fee and revocation reinstatement fee and any license fee required. You must also provide proof of the required bodily injury liability insurance. Additionally, you must comply with any Ignition Interlock Requirements for at least five years.  This license would be an employment only license and not a hardship license for business purposes.  You would only be eligible to drive to and from work and not for grocery shopping or church or school.

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Additional Resources

Florida Penalties for the Fourth DUI – Read more about Florida DUI and Administrative Suspension Law for a 4th or subsequent conviction including jail time, fines, driver’s license revocation, and hardship reinstatement provisions.

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Meltzer & Bell, P.A. | A Palm Beach or Broward County Attorney for a Fourth DUI

With the potential for jail time, heavy fines, a felony record and a permanent loss of your driver’s license, it is critical that you have experience on your side if you face a fourth DUI charge in Palm Beach County or Broward County. Call Meltzer & Bell, P.A. today at (561) 557-8686 to schedule a consultation.

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Felony Possession Of Controlled Substance and DUI (Second Offense w/in 5)
The Defendant was charged with Felony Possession of Controlled Substance, punishable by 5 years in prison, and Driving Under the Influence, a second DUI offense within five years of a prior DUI conviction which carries a mandatory jail sentence and a five-year driver’s license revocation. The Defendant’s vehicle was stopped by Officer Malave of the Sunrise Police Department for repeatedly stopping and starting his vehicle near an intersection and for violating a flashing yellow light by stopping and remaining stationary at the intersection. Officer Malave approached the vehicle and made contact with the Defendant. Upon making contact with the Defendant, the Officer noticed that the defendant had the strong odor of an alcoholic beverage, bloodshot and watery eyes, slurred speech ; and the Defendant was incapable of formulating complete sentences. The Defendant would nod off in mid-sentence and was completely incoherent at times. After making those observations, Officer Malave, a female called for the assistance of two male officer’s due to the Defendant’s condition and physical size. The male officers loudly ordered the Defendant out of the car on multiple occasions, but the Defendant would not comply. The Officers attempted to forcibly remove the Defendant from the vehicle, but the Defendant resisted those efforts by bracing, pulling and stiffening his body so that the officers could not move him. The Defendant was slammed to the ground, which the officers took as a refusal to perform roadside exercises and then incorrectly read the Defendant implied consent, which only applies to breath tests. Officers noticed that there ere three cans of beer in the vehicle as well. The Defendant was arrested for DUI and was NOT taken to the Breath Testing Facility and DUI Room, but only the Broward County Main Jail. The Defendant was never asked to submit to a breath test. After the Defendant’s arrest, Officers discovered 27 pills located in a tackle box in the Defendant’s vehicle which ultimately were revealed to be anabolic steroids. Partner, Lawrence Meltzer of Meltzer & Bell prepared for trial. During preparation, the firm filed several Motions in Limine (Motions to Exclude Evidence) that asked the court to exclude any reference to roadside exercises or the Defendant’s alleged refusal top perform them as the Defendant was not offered the roadside exercises and, thus, never refused them. Additionally, the court was asked to exclude any mention of a refusal to submit to a breath test or failure to give on as, again, one was never offered. Finally, the court was asked to prohibit the State from discussing the anabolic steroids as such pills, although a controlled substance, are not those of an impairing or intoxicating nature. After receiving the Motion, the state conceded and was compelled to drop all DUI related charges. Meltzer & Bell was also able to have all felony drug charges dropped as well.
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Result:  Not Guilty
Driving Under the Influence
The Defendant was charged with Driving Under the Influence. Officers of the Davie Police Department were alerted by a concerned citizen that our client was leaving The Billiard Club, a pool bar, in an extremely intoxicated state and about to drive. The Officer approached the vehicle as the car was in reverse, ordered the Defendant to stop the vehicle and conducted a wellness check and noticed the Defendant had bloodshot eyes, the odor of an alcoholic beverage, and extremely slurred speech. Based on those observations, the officer asked the Defendant to perform roadside sobriety exercises, to which the defendant refused. The Defendant was placed under arrest for DUI and was asked to submit to a breath test, but, again refused. Lawrence Meltzer of Meltzer and Bell began to prepare for trial and researched case law in an effort to suppress or throw out the stop of the Defendant’s vehicle and all evidence that followed the stop as being unconstitutional and based upon a lack of reasonable suspicion as the Defendant had done nothing to justify her vehicle being stopped. The firm and Mr. Meltzer researched a similar factual scenario in State v. Sliviak in which the stop was suppressed based upon a lack of reasonable suspicion of criminal activity in an almost identical situation. This case law was presented to the State prior to trial. Upon receiving it, the State agreed and dropped the DUI charge.
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Result:  Charges Dropped
REFUSAL TO SUBMIT TO TESTING
The Defendant was observed by Officer Troy Murdock of the Coral Springs Police Department traveling 55 in a 40mph and weaving uncontrollably to the extent traffic began to slow in order to evade her. The officer activated his emergency lights in order to stop the Defendant, however, she did not until she was forced to because of a traffic backup at the intersection of Riverside Drive and Coral Springs Drive. Upon making contact with the Defendant, the officer noticed the defendant to have an extremely strong odor of an alcoholic beverage; that she could not handle or identify her vehicle documentation and that her speech was extremely slurred and that she was disoriented to the point where she was nodding off in front of the officer. When asked if she knew how fast she was moving the defendant responded by saying “I was doing 99.9”. The Defendant was asked to exit the vehicle and could not place the car in park. Upon exiting the vehicle, the Defendant almost fell into oncoming traffic and had to be saved by the officer. The Defendant could not maintain her balance and was disheveled in her appearance. The defendant refused to perform roadside exercises and later refused a breath test. The defendant had previously been arrested for DUI and previously had her licensed suspended for refusing a breath test and admitted to “having some vodkas”. Meltzer & Bell, once again, proceeded to trial. At trial, our attorneys were able to demonstrate that the officer was not truthful in his testimony through the use of photographs and google satellite photos, and based upon the testimony of the client.
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Result:  DUI Dismissed
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This past year I bought myself a new toy. It’s the third bike I’ve owned, so ‘Im familiar with the tickets that come with it. So far Steven Bell, Esq. has had my reckless driving reduced to a $50 fine and driving school-no points and a complete dismissal of criminal charges. Had my driving without a license dropped-no points. And a 30 over speeding ticket to a fine and driving school-no points. I’d have to say this law-firm handles their own. If your looking for a stress free way of handling your tickets call Meltzer and Bell PA, “The Traffic Stop”.

L.J.
19 Aug 2023

Meltzer and Bell, P.A., “The Traffic Stop,” really went above and beyond in their representation of me in Osceola County on my speeding ticket. They may possibly be THE BEST traffic lawyers I’ve ever encountered. Be sure to send your friends and family to the Meltzer and Bell, P.A., “The Traffic Stop,” for their traffic ticket and DUI needs. I can’t believe that they got the result that they did. Quite simply, they are the most professional firm that I have ever dealt with, and their level of expertise and communication is unparalleled.

I sincerely thank you for everything.

J.N.
27 Jul 2023

I just had to commend you on the outstanding job you did on behalf of your client in court yesterday. If my clients were ever to ask me if I know of a good DUI defense attorney, I know to whom I can refer them!

A.A.
14 Jun 2023

I just wanted to thank you for taking care of my ticket for me. I am thrilled with the outcome and I will definitely refer you to all my family and friends! Thank you so much!

C.W.
05 May 2023

Thank you Meltzer and Bell, The Traffic Stop, for handling my recent accident case. You did an amazing job in getting my case dismissed and saved me TONS of money in the long run. I will always recommend your services to anyone who wants the job done right!

K.R.
25 Apr 2023
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