Driving under the influence (DUI) is a serious crime in Florida, and many Florida citizens face DUI charges every year in Florida. If you have been arrested for a Florida DUI, you may be worried about how the penalties could impact your future. We would strongly recommend that if you have been charged with a second or third DUI in Port Charlotte that you contact a DUI defense lawyer as soon as possible.
At The Law Place, we have a legal team of reputable DUI defense attorneys ready to help you with your DUI arrest. The DUI attorneys at our law firm have worked on many DUI cases and helped countless clients escape the very worst penalties for DUI. Our DUI lawyers can help you to try and retain your driver’s license and much more.
For more information on how our DUI attorneys can help you, contact our office to schedule a free consultation today. A criminal defense attorney will be able to offer you some free, unbiased legal advice. If you or a loved one has been charged with DUI offenses, call us now at (941) 444-4444. Phone lines are open 24/7.
What Happens When You Get a 2nd DUI?
In the State of Florida, you can be charged with a DUI for a second time under Florida Statute 316.193. To be charged, your blood alcohol concentration (BAC) must be over the legal limit, or you must be caught driving while your normal faculties are impaired.
In Port Charlotte, normal faculties simply mean the simply day-to-day mental and physical activities that people should be able to undertake with very little thought. For example, a person’s normal faculties can include walking, breathing, talking, balancing, and controlling their bodily functions. If you are caught driving with any of these faculties impaired, you will likely face a DUI charge.
If you are caught drunk driving, and a breath test reveals your BAC to be over the legal limit, you will automatically be arrested for DUI. If you already have a prior DUI charge and this is your second offense, the penalties for your second DUI conviction will be much harsher than your first DUI. This is unsurprising considering how strict Florida Law is on drunk driving. This why we strongly advise against driving if you have participated in substance abuse or drank alcohol.
For a free legal consultation with a 2nd or 3rd dui offense lawyer serving Port Charlotte, call 941-444-4444
What Are the Consequences of a 2nd DUI Conviction?
If you have been caught driving under the influence (DUI) in Florida for a second time, you can expect to face severe penalties for DUI. If you have been caught drunk driving for a second time within five years of your first charge, you will automatically have to serve ten days in jail. Not only this, but depending on how serious your DUI cases have been, you can expect to face the following maximum penalties for your second Florida DUI:
- Nine months of jail time for a “regular” DUI conviction.
- One year of jail time if you are caught drunk driving with a Blood Alcohol Concentration (BAC) of .15% or above.
- One year of jail time if there was a minor in your vehicle at the time of your second offense of DUI.
- One year of jail time if your drunk driving resulted in property damage and/ or minor injuries.
- Five years of jail time if your drunk driving caused serious injuries.
- Fines between $1,000 and $2,000 if your BAC was below .15%.
- Fines between $2,000 and $3,000 if you had a minor in your vehicle or BAC above .15%.
- If your conviction is within five years of your first, a period of vehicle impoundment will be imposed for 30 days.
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Will I Suffer a Driver’s License Suspension for My Second DUI Conviction?
For a second conviction within five years of your prior conviction, a court will typically impose a driver’s license revocation that will last for either six months or 12 months. During this period of your driver’s license suspension, you will be unable to apply for a hardship license. You must serve the whole suspension period before you can apply to get your driver’s license reinstated.
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What Are the Penalties for a Third DUI Conviction in Florida?
If you are facing your third driving under the influence (DUI) conviction in Florida, we strongly recommend that you seek the legal advice of a criminal defense attorney. DUI charges are serious, and you will be facing some very severe penalties. One of our DUI lawyers at our law firm will be able to examine your case and may be able to help you escape the very worst penalties for your DUI convictions in Florida.
You must seek the help of a DUI lawyer because the penalties for a 3rd DUI conviction in Florida are as follows:
- If your third offense occurs within ten years of your first DUI and second offense, you will serve a minimum of 30 days in jail and face a maximum sentence of five years.
- Fines between $2,000 and $10,000.
- Your license will be suspended for a minimum of 10 years.
- Your car can be impounded for 90 days.
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What Is an Ignition Interlock Device?
Ignition interlock devices are mechanical devices that are fitted to vehicles to ensure that a driver does not drink and drive. Before the driver’s vehicle can be started, they have to complete a breath test. If the results show that the driver has alcohol on their breath, their vehicle’s engine will not start. This is a measure to prevent driving under the influence (DUI). The Florida Department of Highway Safety and Motor Vehicles (FHSMV) outlines clearly the rules surrounding these devices.
Depending on how many times you have been charged with DUI will determine how long you will have to have this device fitted to your vehicle. For example:
- For your first DUI offense, a device will not be required if the driver’s BAC was below .15%. If their BAC was above .15%, however, the driver will likely have to use one of these devices for at least six months.
- For a second offense, a device will be fitted for one year if the driver’s BAC was below .15%. However, if their BAC was above .15%, a device will be fitted for a minimum of two years.
- For third and subsequent offenses, drivers will have these devices fitted for a minimum of two years.
Will I Be Required to Complete Community Service?
For your first DUI conviction, you will be required to complete a minimum of 5o hours of service in your community. You can, however, pay an additional fine of $10 for every hour of service that you would rather not complete.
For a second or third conviction, there is no minimum number of hours that offenders will be made to serve. The length of service that offenders will be forced to complete in their communities lies entirely within the discretion of the judges on their cases.
Can I Beat a DUI if I Have a Prior DUI Conviction?
With the help of one of our reputable DUI defense attorneys at The Law Place in Florida, you can beat your DUI. Our DUI lawyers have worked on countless DUI cases, so it doesn’t matter if you have a prior conviction; we can help you. Florida law is complex and can be confusing to understand, but a DUI lawyer at our law firm will be able to guide you through everything you need to know.
For the best chance you have of beating your DUI, you need to hire a DUI lawyer as soon as possible following your DUI arrest. It should come as no surprise that for a second charge, you will be facing enhanced penalties. Contact our law firm today to schedule a free case evaluation.
What Defenses Can a DUI Lawyer Use on My Case?
If you are facing a driving under the influence (DUI) conviction in Port Charlotte, Florida, there are many defenses that a DUI lawyer can use. Some of these are:
- Improper field sobriety test – Police officers will typically use field sobriety tests on drivers who they assume are drunk driving. These tests, however, are famous for producing false results. A breath test and chemical test are designed to purposely get a person to fail them. A lawyer at our law firm will question the legitimacy of this test.
- Insufficient probable cause – In DUI cases, police officers must have probable cause to stop a person and charge them with DUI. If your DUI defense attorney can prove that you were doing nothing wrong and that police did not have probable cause to stop your vehicle, the prosecutor in your trial may be willing to dismiss your case.
There are many more defenses that our lawyers can use on cases of DUI in Port Charlotte. We would highly recommend that you get in contact with us to schedule your free case evaluation. One of our DUI lawyers will be able to briefly examine your case to determine what kind of defenses could be used in your case.
Can a DUI Defense Lawyer Help Me?
The law in Florida is very strict when it comes to traffic violations. This is why it is in your best interest to seek the legal representation of a reputable criminal defense lawyer for your DUI charges.
One of our DUI attorneys at The Law Place may be able to get your charge of DUI reduced to a “wet reckless” or “reckless driving” charge instead. The penalties that are linked to these charges are far less severe than those attached to DUI charges. Not only this, but by getting your charge reduced, you may be able to retain your driver’s license.
We understand just how critical a driver’s license can be for people in the State of Florida. This is why we will do all that we can to ensure that our clients don’t lose them. Everyone makes mistakes. You shouldn’t have to suffer because of a few moments of misjudgment.
How Much Will a Second DUI Cost Me?
If you are facing charges for a DUI for the second time in Florida, you will likely face a fine anywhere between $1,000 and $2,000.
It is difficult for us to tell you how much your court expenses will ultimately cost you. This is because every DUI case varies, and therefore, court costs vary greatly. If you are concerned about how much your court costs could amount to, we strongly recommend that you contact a lawyer at our office. One of our lawyers will happily be able to examine your case briefly, free to charge, to give you a rough idea of how much a case like yours could cost in court. They will also be able to explain our fee structure to you in great detail.
Our lawyers have a vast amount of knowledge and experience, so you can rest assured knowing that you will be getting top-quality legal advice.
Are Two DUIs Classified as a Felony?
A first and second case of DUI will typically be classified as a misdemeanor in Florida. Third offenses of DUI, DUI cases that involve injuries and death, and DUI cases that occur within 10 years of prior convictions will likely be classified as a felony DUI in Port Charlotte.
A felony charge has much more severe penalties than a misdemeanor charge. If you have been arrested for DUI and are unsure whether you will be charged with a misdemeanor or felony DUI, the best thing you can do is get in contact with one of our lawyers. We can help you determine what type of charge you are facing.
Regardless of whether you are facing a misdemeanor or felony DUI, our lawyers at The Law Place can help you.
What Are the Classes of Felonies in Florida?
If you are facing a felony DUI, we can help explain to you the different types of felony charges. Felonies differ from misdemeanors, as felonies result in people serving more than a year in jail. Unlike many states in the United States, Florida does not classify felonies by letter.
There are five degrees of felonies. These are:
- Third-degree felony.
- Second-degree felony.
- First-degree felony.
- Life felony.
- Capital felony.
Can I Protect My Criminal Record?
Expungement in the United States refers to the legal process of destroying or sealing a criminal record so that a person can conceal their criminal conviction. Many people wish to conceal their convictions as they wish to avoid prospective employers or colleges finding out about their previous criminal history. It is therefore clear why so many people are desperate to seek an expungement.
Unfortunately, this is not possible if you have been convicted in Port Charlotte. State law prohibits the expungement of any DUI convictions. This means that if you have been charged with DUI, it is impossible to remove that from your criminal record. You may find this news upsetting. Don’t hesitate to contact one of our lawyers if you wish to seek clarification on anything.
How Long Does Driving Under the Influence Stay on Your Driving Record?
Following your DUI arrest in Port Charlotte, you may be wondering how long a conviction will stay on your driving record. Unfortunately, the law states that convictions of DUI cannot be expunged or sealed. Not only this but convictions will remain on your record for 75 years. For most people, this will be for the rest of their life.
We would strongly advise that you speak to a defense lawyer. A lawyer may be able to help you get your charge of DUI reduced to a charge of reckless driving. This will be hugely beneficial to you as reckless driving charges can be expunged from your record. Additionally, your lawyer may be able to help you enter a division program.
Contact The Law Place Today!
If you have been arrested in Port Charlotte for DUI and you are facing your 2nd or 3rd conviction, you must contact a highly experienced and reputable lawyer as soon as possible. The penalties for such a conviction are very harsh and can greatly impact both your life and your family’s life. Don’t let a mistake change your life for the worst. If you contact us today, a lawyer will be able to offer you some crucial legal advice.
At The Law Place, our practice areas cover the whole of the state. So no matter if you have been arrested in Port Charlotte, Sarasota, Orlando, Tampa, St. Petersburg, or anywhere else, we can help you! What makes our law firm so unique is the fact that our lawyers work together as a team on cases. This means that your case will benefit from a wide range of knowledge and experience.
An attorney-client relationship at our law firm is one of great loyalty and commitment. We promise that we will do all that we can to help you. Contact us today for a free case consultation. You will be able to talk to one of our lawyers and ask any questions that you may have. Our office is open 24 hours a day, seven days a week. Don’t waste any more time. Give us a call now at (941) 444-4444.
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