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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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