Penalties for a Second DUI in Florida?
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Being arrested for a second DUI in Florida is a serious matter. You face significant jail time and fines. Additionally, the DUI conviction will stay on your Florida driving record for 75 years, and on your criminal record indefinitely. The last thing you want to do in this dire situation is try to represent yourself. If you were arrested for a second offense DUI, you need a skilled DUI attorney to fight for your rights and freedom.
Turn to Stroleny Law, one of the state’s premier criminal defense firms for people facing a DUI arrest. Our attorneys have an exceptional record defending Miami residents against DUI charges, and we can help you, too. Lead attorney Julian Stroleny has received the 2023 AV Preeminent award from Martindale-Hubble and is a Super Lawyers Rising Star for 2019-2023. He can fight for the best DUI case outcome.
Penalties For A First DUI Florida
Under Florida law, driving under the influence of alcohol or drugs is illegal. The legal limit is a blood alcohol level of .08%. The punishments vary based on your previous record and number of DUIs. For your first DUI, potential jail sentences are:
- Up to six months for a basic DUI
- Up to nine months when the BAC is .15% or higher
- Up to nine months when the passenger is a child
- Up to 1 year when minor injuries or property damage is involved
- Up to 5 years when serious bodily injury is involved
These are the maximum jail sentences the judge can impose. You may or may not have a jail sentence for your first Florida DUI.
Penalties for a Second DUI Florida
A second DUI in Florida is usually a misdemeanor. However, the charge could be a third-degree felony if someone suffered a serious bodily injury in an accident. Florida State Statute 316.193 lists the minimum punishments for a second DUI conviction:
- Jail sentence: You can receive a maximum jail sentence of nine months if you have a prior DUI conviction. But if your BAC was .15% or higher, the judge can sentence you up to a year in jail. If the second DUI is within five years of the first, you must spend at least ten days in jail.
- Fine: You will be fined between $1,000 and $2,000. If you had a BAC of .15% or higher, you could be fined between $2,000 and $4,000.
- Community service: Fifty hours of community service is typical for a second DUI offense in Florida.
- Probation: A total period of incarceration and probation can be up to a year. If you are not sentenced to jail, the judge will often impose 12 months of probation.
- Vehicle impoundment: If you are convicted of a second DUI within five years, your vehicle will be immobilized or impounded for 30 days. This cannot happen concurrently with jail time. If the second DUI conviction occurred outside five years, your vehicle may be impounded for 10 days.
- Driver’s license suspension: You may lose your license for at least six months.
- Ignition interlock device: A second DUI offense requires an ignition interlock device installed on your vehicle at your expense.
These DUI penalties are not the end of your potential problems. You also may have difficulty getting or holding a job, and renting an apartment could be problematic with a criminal record.
How to Reinstate Your Driver’s License After a Second DUI Florida
If you have a second DUI offense, you may face a license revocation between six and 12 months. But that isn’t all. You are ineligible for a hardship driver’s license during the suspension, even if your second DUI wasn’t within five years of your prior conviction.
If the second DUI offense happens within five years of the prior DUI, your driver’s license will be suspended for five years. It’s impossible to apply for a hardship license for at least a year.
Before the revocation period, you can apply for a hardship driver’s license in the county where you reside after taking a DUI school and treatment course. You must provide proof of completing a DUI treatment program before your license can be reinstated.
After your arrest, requesting a DMV hearing to challenge your license being suspended as the case proceeds is important. Speak to a qualified Miami DUI attorney to help you with this critical hearing.
Why You Should Hire an Experienced DUI Attorney
If you are convicted of a second DUI offense, it will stay on your record for 75 years. The conviction could make it difficult to rent a house or apartment or get a job, among other severe consequences. You should retain an experienced DUI lawyer at Stroleny Law to fight for your rights.
Defense Strategies For Second DUI In Florida
It’s possible to beat a second DUI charge. An experienced attorney can examine your case and create a robust strategy to help you maintain your innocence. Effective defenses for a second DUI are:
- Illegal traffic stop: The police can only stop you if they reasonably suspect you broke the law. If your attorney can prove that the police were wrong to stop you, the case could be dismissed.
- Field sobriety test problems: The police will usually administer field sobriety tests to determine if you are intoxicated. These tests are easy for even a sober person to fail. Your lawyer may question if the police were trained well enough to administer field sobriety tests. They may also argue that you had a disability or physical injury that compromised your performance on the tests.
- Breath test problems: Breathalyzers are often used in the field to prove that someone is under the influence. Your lawyer may argue the breathalyzer device was improperly maintained or calibrated.
Speak to a Stroleny Law DUI Attorney Now
If you face a second DUI arrest, now is the time to act. Depending on the circumstances, an experienced attorney can fight to have your charges reduced or dismissed. Attorney Julian Stroleny is a skilled DUI attorney who can fight to maintain your innocence and protect your future. Call Stroleny Law, P.A., today at (786) 481-4098 for a legal consultation about your second DUI.