I've been arrested for a 3rd dui in 10 yrs in Fl. this time however i did not blow or do F.S.E. how hard isconviction going 2b?

First of all a third time DUI -if your last conviction was within three years of your arrest date makes this charge a felony. It is almost impossible to guess without seeing the video tape or reading the police report the likelihood of getting this case reduced to a misdemeanor reckless driving charge. Usually if you have prior DUI convictions it's harder to get the government to reduce the new DUI to a misdemeanor. The fact that the evidence they have is limited however will help you. I would highly recommend you hiring an experienced DUI defense lawyer to help you with your case.

You need to sit down and talk with a DUI/DWI lawyer who practices in Duval County to get even a hint. This is a serious charge. Get in to see someone, now. As Mr. Hayslet said, there is video from this arrest, or should be. Examining that is crucial and you (and most lawyers) do not know enough about how the police are supposed to be acting and what they were supposed to be looking at to judge whether it helps you or hurts you. You apparently got good advice in the past about the FSTs. The field sobriety "tests" are designed so that sober people will fail them, even if they are properly done. Often, they are not properly done. Only someone with expertise in this area can recognize problems with how the tests were done. http://addbalance.com/fieldsobrietytests.htm If any answer on helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help know which answers to show others. Thank you. --- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin http://addbalance.com/drunk_driving_lawyer.htm

No need to repeat what the others have said. I am in Jacksonville and happy to talk to you. Please shoot me an email off list or call my office ASAP. These charges are very serious and will be pushed very hard in Jacksonville courts.

I agree with attorney Hayslett. It is unlikely that the state will voluntarily reduce the case. You will need to be prepared to hire an attorney that litigates DUI cases. It sounds like you have limited the state’s evidence which is the best thing you could have done in your case. On a first DUI it can be difficult to decide if the increased administrative exposure from refusal makes it a good decision. In your case you are past the point of getting sympathy from the state so limiting the evidence was a good decision. The benefit of a double refusal is that the state gets very little evidence. If you look good on video you have a good shot at winning a trial. Refusals limit the state’s evidence but they are not a magical solution. Juries often are frustrated by a refusal but also need evidence of impairment to convict. Another thing to consider is pre-trial motion practice to attempt to get the stop and/or refusal suppressed. It is impossible to tell the strength of the case at this point. Too many factors need to be considered. A skilled DUI attorney can take steps to challenge the case prior to trial. If the state is able to get the case in front of a jury it sounds like the evidence will be limited.

Wholeheartedly agree with the other attorneys. The only chance you have is getting a very experienced DUI attorney who can use the lack of evidence in your favor.