CALL TODAY!

“Se habla español”

Second Offense DUI in Florida

What You Need To Know About Second Offense DUI In Florida

People who are arrested and convicted of a second offense DUI in Florida face more severe penalties and fines than first-time offenders. This is because the court treats second offenders with a more jaded eye, believing that they should have learned their lesson the first time they were arrested. It’s important to remember that the law has different penalties and fines for a second DUI conviction, depending on whether the second DUI occurred within five years of your first DUI, or more than five years after your first DUI.

Second Offense DUI Conviction That Occurs Within Five Years of First DUI

  • Fine of no less than $1,000, not to exceed $2,000. If your blood-alcohol level or breath-alcohol level exceeded .15 or if there was a minor in your vehicle at the time of the arrest, you are subject to a fine of no less than $2,000, but no more than $4,000.

Second Offense DUI in Florida

  • Mandatory 10 days in jail, and a minimum of two of those days must be consecutive. The court can also sentence you to a jail sentence of no more than nine months.
  • Probation not to exceed 12 months.
  • Mandatory 50 hours of community service.
  • 30-day vehicle impoundment, which cannot take place at the same time that you are serving a jail sentence for you DUI. You may be able to have the impoundment waived, if you can show that your family has no other means of transportation.
  • The minimum driver’s license revocation period is five years. However, you can apply for what is known as a ‘hardship reinstatement’ after 12 months, which allows you to drive to and from work.
  • Completion of DUI School Level Two, which is designed for anyone who has had a prior DUI. It includes a 21-hour educational course that utilizes videos, lectures and class discussions. You must also submit to a substance abuse evaluation, psycho-social evaluation interview by a Certified DUI Evaluator, and complete any treatment program that the evaluator recommends.
  • Installation of an Ignition Interlock Device (IID) for a minimum of 12 months. However, if your blood-alcohol or breath-alcohol level was .15 or more, the IID must be installed for a minimum of two years. These devices analyze your breath-alcohol level. If the level is above the safety standard, the device will incapacitate your vehicle’s engine, and you will not be able to drive.

Second Offense DUI That Occurs More Then Five Years After First DUI

  • Fine of no less than $500, and not to exceed $1,000. If your blood-alcohol level or breath-alcohol level exceeded .15, or if there was a minor in your vehicle at the time of the arrest, you are subject to a fine of no less than $1,000 and not to exceed $2,000. In some instances, if you cannot afford to pay the fines, you can petition the court for community service.
  • No mandatory jail time, but the court can sentence you to a maximum of six months, which is at a judge’s discretion. If your blood-alcohol level or breath-alcohol level exceeded .15, or if there was a minor in your vehicle at the time of the arrest, the court can sentence you to a maximum of nine months, which is at a judge’s discretion.
  • Probation of no more than 12 months, however, the combination of jail time and probation cannot exceed 12 months.
  • Mandatory 50 hours of community service.
  • 10-day vehicle impoundment, which cannot take place at the same time that you are serving a jail sentence for you DUI. You may be able to have the impoundment waived, if you can show that your family has no other means of transportation.
  • Completion of DUI School Level I, which is the same 12-hour course you took as a first-time offender. You must also submit to a substance abuse evaluation, psychosocial evaluation interview by a Certified DUI Evaluator, and complete any treatment program that the Evaluator recommends.
  • If your blood-alcohol level or breath-alcohol level exceeded .15, or if there was a minor in your vehicle at the time of the arrest, the court will order the installation of an Ignition Interlock Device (IID) in your vehicle for a period of six months.

Protecting Your Rights After a DUI

If you are facing a second offense DUI conviction, it is vital that you hire the services of an experienced and aggressive law firm. At Stokes Law Firm, we have the know-how and resources to analyze every aspect of your arrest to ensure that the arresting police officers correctly performed their duties and your rights were protected. Please call us today at 727-954-0186 for a free legal consultation.

get a

Free

Evaluation

right now!

We are here to help you navigate a CONFUSING PROCESS

get a free evaluation now!