If you’ve been stopped for your fourth DUI in Florida, you are facing a felony charge. This is one of the most serious DUI charges in Florida, which is why you need to work with an experienced defense attorney to avoid the worst of the consequences. A fourth offense DUI lawyer at Brett Metcalf, Criminal Defense Attorneys, P.A. can explain exactly what you are up against. Attorney Brett Metcalf is a former Hillsborough County prosecutor who tried more than 100 cases to verdict and defends the most serious DUI charges the state allows.
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Why a Fourth DUI Is Automatically a Felony
Under Fla. Stat. 316.193, a fourth or subsequent DUI is a third-degree felony regardless of when the prior offenses occurred. Unlike a third DUI, which is a felony only within a 10-year window, a fourth DUI does not have a timing escape. That means the defense shifts from arguing about lookback periods to challenging the validity of the priors themselves, the stop, and the testing. A fourth DUI is prosecuted in the Circuit Court at the George E. Edgecomb Courthouse, and, as with any DUI, you have only 10 days to challenge the administrative license suspension with the DHSMV.
The Penalties for a Fourth DUI in Florida
As a third-degree felony, a fourth DUI carries:
- Up to 5 years in prison.
- A mandatory minimum fine of $2,000, up to $5,000.
- Permanent revocation of your driver’s license.
- DUI school, a substance-abuse evaluation, and a required ignition interlock device.
The permanent license revocation is what sets a fourth DUI apart from earlier offenses. On top of the sentence, a felony conviction becomes a permanent part of your record and can affect your job, housing, and civil rights, which is why defeating or reducing the charge is worth every effort.
What Happens After a Fourth DUI Arrest in Tampa
After booking at the Hillsborough County Jail and a first appearance within 24 hours, a fourth DUI is prosecuted as a felony in the Circuit Court for the Thirteenth Judicial Circuit, while the DHSMV license case proceeds separately. Because a felony DUI can carry a higher bond and stricter release conditions, having a lawyer at the first appearance can make a real difference in whether you wait out the case at home or in custody. If a prior counted against you should not, our work on your third DUI and other prior charges can matter here too.
How We Defend a Fourth DUI
A fourth DUI is serious, but it is still a case the State has to prove element by element.
We Challenge the Prior Convictions
A felony DUI depends on the existence and validity of earlier convictions. If a prior was uncounseled or defective, it may not count, which can undercut the felony charge even without a lookback argument.
We Attack the Stop and the Testing
Every DUI still begins with a stop and some form of testing. We examine whether the stop was lawful and whether any breath, blood, or field sobriety evidence was gathered and handled correctly.
We Move to Suppress Unlawful Evidence
When police violate your constitutional rights during the stop, the arrest, or the testing, we file motions to keep that evidence out. A successful suppression motion can reshape a felony case.
Why Choose Brett Metcalf
A fourth DUI belongs with a lawyer who is comfortable in Circuit Court and who understands how the State builds its most serious DUI cases. Attorney Brett Metcalf spent years as a Hillsborough County prosecutor, tried more than 100 cases to verdict, and now anchors the firm’s Tampa DUI defense. He defends these cases aggressively and prepares every felony case for trial, because that readiness shapes everything that happens before it.
Tampa Fourth DUI FAQs
Is a fourth DUI a felony in Florida?
Yes. A fourth or subsequent DUI is a third-degree felony regardless of how much time has passed since the earlier offenses. There is no lookback window that makes a fourth DUI a misdemeanor.
What is the penalty for a fourth DUI in Florida?
A fourth DUI carries up to 5 years in prison, a mandatory minimum fine of $2,000, and permanent revocation of your driver’s license, along with DUI school and an ignition interlock requirement.
Can you get your license back after a fourth DUI?
A fourth DUI carries permanent license revocation. Some drivers may eventually pursue limited hardship reinstatement after a lengthy period and strict conditions, but this is difficult and fact-specific, and it is worth discussing your situation with a lawyer.
Can a fourth DUI charge be reduced?
Possibly. If a prior conviction should not count, or the State cannot prove a required element, the charge may be reduced or challenged. Every case is different, and no result is guaranteed.
Talk to a Tampa Fourth DUI Lawyer Today
A fourth DUI carries prison exposure and a permanent record, so the sooner a lawyer reviews the priors, the testing, and the stop, the more options you may have. Call Brett Metcalf at (813) 258-4800 for a free, confidential consultation with a Tampa DUI attorney, and let us start building your defense.
