According to the state of Florida’s website, about 1 in 135 adults will be arrested for DUI during their lifetime. Even those who have been through a prior DUI in Florida can be dismayed, frightened, and anxious about their future after being charged with a second or third Florida DUI. Most people are aware that the penalties for subsequent DUI convictions increase exponentially, but they may not know just how much the penalties will increase, or that DUI is one of the few criminal offenses which virtually never includes intent. It is not often that someone actually intends to drive while impaired, or to be stopped for doing so. Despite this, you can find yourself facing serious, long-term trouble after being charged with a second or third Florida DUI offense.
Just as with a first-time DUI in Florida, you may truly have not been driving while impaired. While few studies exist on the subject, many believe the number of those falsely accused of DUI could be as high as one in ten. The Sarasota criminal defense lawyers at The Law Place understand that field sobriety exercises have a high rate of false positives (for a variety of reasons), and that Breathalyzer tests come with their own set of issues. We also know you have plenty of options when you are searching for a Sarasota DUI lawyer. The Law Place’s DUI attorneys want you to know that we bring a wealth of Florida DUI experience to the table, and have years worth of positive results obtained on behalf of our Florida DUI clients.
Take Your Florida DUI Charges Seriously
Under Florida Statute 316.193, serious penalties for repeat Florida DUI offenders include the following:
Second-DUI Conviction Penalties:
- If your second DUI offense is within five years of your first DUI conviction, you will serve a minimum 10-day jail sentence, with the following maximum penalties, dependent on the circumstances surrounding your case:
- Nine-months in jail for a “regular” second DUI conviction;
- One year in jail for a second DUI conviction with a BAC of .15% or higher;
- One year in jail for a second DUI conviction if there was a passenger in your vehicle under the age of 18;
- One year in jail if an accident which involved minor injuries or property damage accompanied your DUI, and
- Five years in jail if an accident involving serious bodily injury occurred as a result of your DUI.
- You will pay fines from $1,000 to $2,000 for a second Florida DUI conviction unless your BAC was .15% or greater, or you had a passenger younger than 18 years of age in your vehicle at the time of your DUI, then your fines will be from $2,000 to $4,000.
- If you have a prior Florida DUI conviction on your record that occurred within the last five years, you will lose your driver’s license for a minimum of five years for a second DUI conviction.
- All second DUI convictions in the state of Florida require the installation of an ignition interlock device on the defendant’s vehicle (the DHSMV will require the ignition interlock device in order to get your license once you become eligible even if you are no longer on probation for the DUI).
- If you receive a second Florida DUI conviction, and your prior conviction occurred within the past five years, your car will be impounded for 30 days (unless certain exceptions apply).
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Third-DUI Conviction Penalties:
- If your third DUI offense is within ten years of a prior DUI conviction, you will serve a minimum 30-day jail sentence, and a maximum of five years in jail.
- You will pay fines from $2,000 to $10,000 for a third Florida DUI conviction.
- If you have a prior Florida DUI conviction on your record, which occurred within the last ten years, you will lose your driver’s license for a minimum of ten years for a third DUI conviction.
- All third DUI convictions in the state of Florida require the installation of an ignition interlock device on your vehicle for at least two years (the DHSMV will require the ignition interlock device in order to get your license once you become eligible even if you are no longer on probation for the DUI).
- If you receive a second Florida DUI conviction, and your prior conviction occurred within the past ten years, your car will be impounded for 90 days (unless certain exceptions apply).
The court, in its discretion, may require a defendant serve all or any portion of a his or her jail sentence in a residential alcohol or drug treatment center.
The consequences—both criminal and personal—of a second or third Florida DUI conviction are extremely grave, requiring that you bring an experienced Florida DUI attorney on board as soon as possible. Contact The Law Place today at 941-444-4444.
