Florida Statute 316.193(2)(b) makes a third DUI a felony of the third degree — up to 5 years in state prison and a $5,000 fine — if the new offense happens within 10 years of a prior DUI conviction. If your paperwork reads F.S.S. 316.193(2)(b)1. or the booking sheet says DUI 3RD (FEL), this is the section they mean.
The 10-year fork
The clock runs from the date of the prior conviction to the date of the new offense — not arrest to arrest. Inside 10 years, § 316.193(2)(b)1. makes it a felony. Outside 10 years, § 316.193(2)(b)2. keeps it a misdemeanor-level offense: a $2,000–$5,000 fine and up to 12 months. A fourth conviction is a third-degree felony under § 316.193(2)(b)3. no matter how old the priors are.
What a third-in-10 conviction carries
- Prison: up to 5 years, and a fine up to $5,000.
- Mandatory jail: at least 30 days, with at least 48 hours served consecutively (§ 316.193(6)(c)).
- Ignition interlock: mandatory, at least 2 years, at your own expense, on every vehicle you routinely drive.
- Vehicle impound: 90 days, which cannot run while you sit in jail.
- DUI school and reporting probation on every DUI conviction.
The detail most people miss
What counts as a “prior conviction” is broader than most people think. This is so because the statute expressly counts boating under the influence (s. 327.35), convictions under Florida’s old DUI statutes, and out-of-state DUI, DWI, and similar alcohol- or drug-related driving convictions. A 2012 DWI from Georgia can be the prior that turns a Polk County stop into a felony. Whether each prior actually qualifies — and whether the dates truly fall inside the window — is where these cases are fought.
Charged with felony DUI in Polk, Highlands, or Hardee County? Call (863) 774-4556 for a free consultation, or send us a message. Reach Us 24/7 · Hablamos Español.
Read the law yourself: Fla. Stat. § 316.193 (official Florida Statutes, amended 2025).
Legally reviewed by Tonmiel Rodriguez · Last reviewed July 2026
Tonmiel Rodriguez is a criminal defense attorney in Bartow, Florida, and is Board Certified in Criminal Trial Law by The Florida Bar. If you are facing a felony DUI charge in Polk, Highlands, or Hardee County, call The Rodriguez Law Office at (863) 774-4556.