The State of Florida’s website has reported that about 1 in 135 adults will be arrested for driving under the influence (DUI) during their lifetime in Florida. If you have already been charged with a Florida DUI, you may be concerned about your future if you are charged again with your second or third DUI. The severity of the penalties linked to your DUI offense will vary depending on how many times you have previously committed the offense.
If you are facing a second or third DUI charge in Venice, Florida, you should seek the legal advice and guidance of a reputable DUI criminal defense attorney. If you have been charged with a DUI again, you could be facing very serious, long-term trouble. Our DUI lawyers at The Law Place understand that you may not have truly been driving while impaired. It is well known in Florida that field sobriety tests have a very high rate of false positives, and even breathalyzer tests can give incorrect readings.
A DUI defense attorney at The Law Place could help you escape the very worse penalties for your case. Our law firm has over 75 years of combined experience, so you can rest assured knowing that our DUI attorneys have the knowledge and experience necessary to help you win the justice that you deserve. If you are facing DUI charges in Venice, FL., contact our DUI lawyers today to schedule your free consultation. Call today at (941) 444-4444. Phone lines are open 24/7.
In This Article
- What Happens When You Get a Second DUI?
- What Are the Consequences of a 2nd DUI?
- What Is the Penalty for a Third DUI in Florida?
- Can You Beat a Second DUI?
- Can a Lawyer Really Help With DUI?
- How Much Does a 2nd DUI Cost?
- Are 2 DUIs a Felony?
- Contact The Law Place Today!
What Happens When You Get a Second DUI?
In the State of Florida, you can be charged with a second DUI under Florida Statute 316.193. To be charged, you must have been caught driving with your BAC above the legal limit (.08%) or caught driving while unable to control your normal faculties.
Normal faculties in Venice, Florida, can simply be described as the physical and mental activities that individuals would be able to complete daily with little thought. For example, your normal faculties can include walking, breathing, talking, balancing, and controlling your bodily functions. If you are caught operating a vehicle while your normal faculties are impaired in some way, you could be arrested in Venice, Florida, for DUI.
If you have been caught drunk driving or driving while intoxicated (DWI), you can automatically be arrested if your BAC is over the legal limit. This is regardless of whether your normal faculties are impaired or not. We would strongly advise that you seek the help of a DUI defense lawyer. A DUI lawyer will be able to examine your Venice DUI/ DWI case to help determine your best legal options. In a free consultation, a DUI criminal defense lawyer at The Law Place will be able to answer all of your questions and give you the help you may be looking for.
What Are the Consequences of a 2nd DUI?
The penalties for second-DUI convictions in Venice, FL., are severe. If your second DUI charge is committed within five years of your first DUI conviction, you will have to serve 10-days of jail time. Not only this, but you could face the following maximum penalties, depending on the severity of your case conviction:
- Nine-months of jail time for a “regular” second DUI conviction.
- One year in jail if you commit a second DUI with a blood alcohol concentration (BAC) of .15% or higher.
- One year in jail if there was a minor under the age of 18 years in your vehicle for your second DUI conviction.
- One year in jail if your DUI resulted in an accident that involved minor injures and/ or property damage.
- Five years in jail if your second DUI conviction involved an accident that caused serious bodily injuries.
- Fines from $1,000 t0 $2,000 if your BAC was .15% or less. If your BAC was greater than .15% or you had a minor in the vehicle, you could face fines from $2,000 to $3,000.
- You will be made to install an ignition interlock device on your vehicle.
- Your car will be impounded for 30 days if your second DUI conviction occurs within five years of your first conviction.
- If you received your second DUI within five years of your first, you could lose your driver’s license for a minimum of five years.
What Is the Penalty for a Third DUI in Florida?
If you have been charged with driving under the influence (DUI) for the second or third time in Venice, FL., you may be seeking the legal advice and representation of a DUI lawyer. A criminal defense DUI lawyer at our law firm can help you avoid the very worse penalties for your conviction. The penalties that you can expect to face for your third Venice DUI are as follows:
- If your third Florida DUI occurs within ten years of prior driving under the influence convictions, you will serve a minimum of 30 days in jail and face a maximum sentence of five years.
- You can expect to pay fines between $2,000 to $10,000 for a third Venice DUI conviction.
- If your third conviction occurs within ten years of a previous DUI conviction, you could lose your driving license for a minimum of 10 years.
- You will be required to install an ignition interlock device on your vehicle for at least two years.
- Your car could be impounded for 90 days.
Can You Beat a Second DUI?
With the help of a reputable and highly experienced DUI attorney in Venice, FL., you can beat your second conviction for DUI. Our DUI criminal defense attorneys at The Law Place have worked on countless DUI cases and have helped many clients escape the very worse penalties for DUI/ DWI in Florida.
A Venice DUI lawyer can use a range of defenses to help clients win their DUI cases. A DUI lawyer will be able to raise the usual criminal trial defenses used in any criminal defense case. However, a DUI attorney will also be able to raise specific defenses that may relate to your DUI/ DWI case:
- Improper field sobriety tests – Police officers use these tests to help determine whether a driver is drunk driving or not. These tests are often designed to purposely get a person to fail them. A DUI attorney can question whether the official administering your test was qualified or whether you had any injuries that affected your ability to perform the test accurately.
- Insufficient probable cause – In these cases, police officers must have probable cause to stop vehicles and arrest people on DUI/ DWI charges. If your DUI attorney can prove that the officer had no probable cause to stop your vehicle, the prosecutor in your trial may dismiss your case.
There are many more defenses that a DUI attorney may be able to raise in your defense, such as proving an illegal traffic stop and inadmissible breath results. For more information on how a defense lawyer in Venice can help you, contact our Florida lawyers today for a free consultation and legal advice tailored to your case.
Can a Lawyer Really Help With DUI?
Florida is very strict with its DUI laws, and drivers who are convicted face incredibly harsh penalties. Convicted drivers may be made to attend DUI school, community service, license suspension, jail terms, fines, and probation. If you have been arrested for DUI, you may be wondering whether a lawyer could actually help you.
Second convictions carry much harsher penalties than first-time DUI offenses. We therefore strongly recommend that you seek the legal advice and representation of a lawyer if you face being convicted of DUI for a second or third time.
A defense attorney at our law firm may be able to help you get your charge 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. With the vast legal knowledge and skills that our lawyers have at The Law Place, you can feel confident knowing that you are giving yourself the best chance of escaping the very worse penalties.
How Much Does a 2nd DUI Cost?
If you are facing charges for DUI/ DWI for the second time in Venice, you will likely face a fine between $1,000 and $2,000.
The court costs for a DUI/ DWI case vary for every case. If you are worried about the financial costs involved in fighting a DUI conviction, please call our office to talk to one of our lawyers and schedule a free consultation. Our lawyers will be able to discuss your criminal charges with you in great detail and advise you of your best legal options. We will also be able to explain our fee structure to you.
With our close attention to detail, you can feel rest assured knowing that your case is being fought by some of the best defense lawyers in the State of Florida. We have worked on countless DUI cases and helped many clients escape the very worse penalties for their DUI convictions. Don’t hesitate to call us today. Our attorneys will be able to answer all of your legal concerns.
Are 2 DUIs a Felony?
A first and second DUI offense will typically be classified as a misdemeanor in the State of Florida. However, a third DUI offense, a DUI offense that involves injury or death, and a DUI offense that occurs within 10 years of a previous DUI conviction will likely be classified as a felony.
A felony offense carries much harsher penalties than a misdemeanor. If you are concerned and unsure whether your charge will be classified as a misdemeanor or felony, contact the attorneys at The Law Place today for a free consultation. We will be able to help you figure out whether your offense is classified as a misdemeanor or a felony. Many factors can determine whether your offense is charged as a felony or not.
Regardless of whether your charge is classified as a felony or a misdemeanor, we will help you fight it. Our attorneys understand the impact a charge of this nature can have on your life. This is why we are committed to helping you get through this and escape the very worse penalties.
Contact The Law Place Today!
If you are facing charges of DUI in Florida, you should contact a reputable and highly experienced attorney today. This is especially important if you are facing your second or third DUI conviction. The penalties associated with these offenses are very harsh and can have a huge impact on your life. Don’t let a simple mistake disrupt your life. By speaking to an attorney from our law firm in a free consultation, you will be able to receive all of the legal advice and guidance you need.
At The Law Place, our practice areas cover the whole of Florida, so if you are facing a DUI charge in Venice, we can help you. Our legal team has over 75 years of combined experience, so you can rest assured knowing that your case is being fought by some of the most capable people in Florida. All of our lawyers work together as a collective. Therefore, you will be able to benefit from the vast amount of knowledge and experience that our team possesses.
An attorney-client relationship at The Law Place is one of immense loyalty and commitment. If you allow us to represent your case, we will do all that we can to ensure that your charge is reduced or dismissed. If this is not possible, then we will fight for you to avoid the worse possible penalties. Our office is open 24 hours a day, 7 days a week. Don’t waste another second. Call our office today at (941) 444-4444.