Criminal Defense in Your Neck of the Woods
A Second Time DUI can be devastating for an accused, in Florida there is a minimum mandatory jail sentence if the DUI is within 5 years of the first conviction as well as a mandatory 5 year license suspension.
Second DUI Outside of 5 Years
A second DUI outside of 5 generally will carry the same minimum penalties that a first time DUI will carry. No minimum jail time is required; however, if convicted an Ignition Interlock will be placed on the vehicle the Defendant was driving on the day/night of the arrest, a $2,000 fine can be imposed, and the driver is not eligible for a hardship license. The full revocation period of 180 days to I year must be served in full prior to license reinstatement.
Second DUI Inside of 5 Years
Second DUI Fine Not less than $1,000, or more than $2,000. $2,000 if the Blood/Breath Alcohol Level is greater than .15
Second DUI Probation Not more than 12 months as a Second DUI is a misdemeanor
Second DUI CommunityService Mandatory 50 hours
Second DUI Potential JailTime Not more than 9 months with a 10 day minimum
Second DUI Impoundment of your Vehicle 30 days mandatory
Second DUI Driver’s License Revocation Minimum 5 years with eligibility for hardship reinstatement after 1 year
Second DUI Business Purposes Only License May apply after one year, Must complete DUI school and conform with all requirements from DUI program
Second DUI School DUI Level II School
The above cited penalties for a second time DUI are the statutory consequences only. Needless to say insurance companies may drop a second time DUI driver and one must obtain an FR 44 policy, requiring higher insurance limits.
In order to be charged with a Second Time DUI the Judge and State Attorney (Prosecutor) rely on the Defendant’s Florida Driving Record. In some cases a person can be sentenced to a lesser DUI by the presiding Judge. Nonetheless, the DHSMV views the number of DUI convictions only when applying the appropriate license suspension.
Contact Central Florida Criminal Defense Attorney, Ryan Yadav, 24 hours a day 7 days a week, for a free consultation if you have been charged with a Second DUI.