When you get a second DUI in Florida, you face severe consequences, including increased fines, mandatory jail time, and a longer driver’s license suspension. You must complete DUI school and may be required to install an ignition interlock device on your vehicle. Additionally, you may experience significant increases in auto insurance rates and have a permanent criminal record, which can impact various aspects of your life.
If you get a second DUI and require legal advice, don’t hesitate to contact The Law Place in Florida today. Our law firm has over 75 years of combined experience, so you can ensure that one of our DUI defense lawyers will be able to help you as best as they can with your second DUI conviction. You can tell us your situation, and we will honestly and unbiasedly give you your best legal options.
Contact us today at The Law Place for a free consultation. We are available 24 hours a day, seven days a week. Our practice areas cover the whole of Florida, so if you have a Florida zip code, we can help you. Call us at (941) 444-4444.
What Are the Consequences of a Second DUI in Florida?
Receiving a second DUI in Florida carries significant DUI penalties. The state imposes stringent penalties to discourage repeat offenses and enhance public safety. Here are the primary consequences you can expect:
Increased Fines and Court Costs
- For a second DUI offense, fines range from $1,000 to $2,000. If your blood alcohol level (BAL) was 0.15 or higher, or if a minor was in the vehicle, the fines can increase to $2,000 to $4,000.
- You will also be responsible for court costs and additional fees associated with your case.
Mandatory Jail Time
- A second DUI conviction typically involves mandatory jail time. The minimum jail sentence is 10 days, but it can be extended up to 9 months.
- If your BAL was 0.15 or higher, or if a minor was present in the vehicle, the jail term can be extended up to 12 months.
- If the second DUI occurs within five years of the first, there is a mandatory 10-day jail sentence.
Driver’s License Suspension
- Your driver’s license will be suspended for a minimum of five years if the second DUI occurs within five years of the first offense.
- After a minimum of one year, you may be eligible to apply for a hardship license, allowing you to drive for essential purposes such as work or school.
DUI School and Substance Abuse Treatment
- Completion of DUI school is mandatory. This program educates offenders about the dangers and consequences of driving under the influence.
- You may also be required to undergo a substance abuse evaluation and complete any recommended treatment programs.
Ignition Interlock Device
- An ignition interlock device (IID) must be installed on your vehicle for at least one year. This device requires you to pass a breathalyzer test before the vehicle can start.
Community Service
- You may be required to complete a certain number of community service hours, often a minimum of 30 hours.
Probation
- Probation is commonly imposed for up to one year, during which you must comply with specific conditions set by the court.
Impact on Insurance
- A second DUI will significantly increase your auto insurance rates. Your insurance company may classify you as a high-risk driver, leading to higher premiums.
Permanent Criminal Record
- A second DUI offense will be recorded on your permanent criminal record, which can affect future employment opportunities, housing applications, and more.
Other Legal and Personal Consequences
- You may face additional penalties if you caused an accident, had a high BAL, or had a minor in the vehicle.
- The DUI conviction can impact personal and professional relationships and lead to long-term social and economic repercussions.
Applying for a Hardship License After a Second DUI
After a second DUI in Florida, your driver’s license will be suspended for a longer period, making it challenging to manage daily responsibilities such as commuting to work or school. However, you may be eligible to apply for a hardship license, which allows you to drive for essential purposes during your suspension period.
Eligibility for a Hardship License
To be eligible for a hardship license after a second DUI, you must meet certain criteria:
- Completion of DUI School – You must enroll in and complete DUI school as part of your sentence. This step is mandatory and demonstrates your commitment to addressing the issues that led to your DUI.
- Proof of Enrollment – When applying for the hardship license, you need to provide proof of enrollment in the DUI school program.
- Waiting Period – There is typically a mandatory waiting period before you can apply for a hardship license. For a second DUI, this waiting period can be up to one year, depending on the specifics of your case and the severity of the offense.
Application Process
- Obtain a Hearing – You must request a hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). This hearing will determine your eligibility for a hardship license.
- Prepare Documentation – Gather all necessary documents, including proof of enrollment in DUI school, proof of insurance, and any other documents required by the DHSMV.
- Attend the Hearing – Present your case at the DHSMV hearing, explaining why you need a hardship license and demonstrating that you have taken steps to address your DUI, such as completing DUI school and any other court-mandated programs.
- Compliance with Restrictions – If granted a hardship license, you must adhere to all restrictions set by the DHSMV. This typically includes driving only for work, school, or other approved purposes. Violating these restrictions can result in further penalties and the revocation of your hardship license.
A hardship license can provide significant relief by allowing you to maintain employment, attend educational programs, and fulfill essential family obligations. It also serves as a structured opportunity to demonstrate responsible behavior and compliance with the law following your second DUI.
Navigating the application process for a hardship license can be complex. Consulting with a criminal defense attorney can help you understand the requirements, prepare for the hearing, and improve your chances of obtaining a hardship license.
We’re here to serve you. Our phones are open 24 hours a day. How Do You Get a Second Offense DUI?
You can be charged in Florida with a Second Offense of DUI under the Florida Statute 316.193. You will be arrested for committing the offense if you do the following:
- Drive a vehicle in Florida or are found to be in actual physical control of a vehicle within the state.
- You are under the influence of alcohol or drugs, which has affected the extent that your normal faculties are impaired.
- You have a blood-alcohol or breath-alcohol level of 0.08 or higher.
- You have previously received your first DUI or comparable out-of-state offense, and this is your second time.
By actual physical control, the law means that a person has to be physically in or have the capability to operate the vehicle. You don’t have to be driving to be charged for a second time with a DUI offense.
We’re Florida’s top litigation team with over 75 years of combined experience Can You Beat a Second DUI?
It is possible to beat a second DUI with an experienced criminal defense lawyer in Tampa, FL working on your case. This is because they will be able to raise a wide range of defenses. They will be able to raise the pretrial defenses and trial defenses raised in any typical criminal case. They will also be able to raise the following defenses for a second DUI offense.
- Illegal Traffic Stop – The law in Florida is clear that law enforcement must only stop a vehicle if they have a reasonable suspicion that the driver is committing a traffic infraction or that the driver is committing a crime. If it can be proven that the officer was mistaken in their reason for making the traffic stop, the prosecutor will be forced to dismiss the DUI case.
- Improper Field Sobriety Tests – In most cases, officers will administer these to try and determine whether the driver was impaired at the time of the arrest. It is commonly known that these tests are designed to get a person to fail them. A lawyer can raise defenses such as asking whether the officer was qualified to administer those tests or whether the driver had any physical injuries or disabilities, which would have affected their ability to perform those tests.
- Insufficient Probable Cause – A police officer must have a probable cause to arrest a driver for DUI. If it can be proven that the officer’s probable cause conclusion was based on an unreasonable conclusion or insufficient evidence, the prosecutor could dismiss the case.
- Inadmissible Breath Results – If it can be proven that the breathalyzer machines used at the time of the arrest failed to be properly maintained to conduct the tests sufficiently, the results can be ruled inadmissible. This can massively help in your case to get your conviction dismissed.
If you are concerned about what happens when you receive a second DUI or if you have received one already, The Law Place in Florida can help. We can get you the legal help you may be seeking. It is possible to beat your second DUI conviction and avoid a license suspension and jail time.
Don’t hesitate to contact us today for a free consultation.
From the initial call to updates on your case status, we are here to get you answers. FAQ – What Happens When You Get a Second DUI in Florida?
What are the penalties for a second DUI charge in Florida?
A second DUI offense in Florida typically results in harsher penalties compared to a first offense. These can include mandatory jail time, increased fines, driver’s license suspension, and the installation of an ignition interlock device on your vehicle.
How long could my license be suspended for a second DUI?
For a second DUI offense, the license suspension period can range from a minimum of 180 days to a maximum of one year. This may vary depending on the circumstances of the DUI arrest and any aggravating factors present.
Is jail time mandatory for a second DUI in Florida?
Yes, mandatory jail time is often a consequence of a second DUI conviction. The length of the jail sentence can vary but may range from a minimum of 10 days to several months.
Will I have to use an ignition interlock device after a second DUI?
Yes, Florida law requires the use of an ignition interlock device for all second offense DUI convictions. The duration for which the device must be installed varies based on the specific details of your case.
Does a prior DUI conviction in another state, like California, count towards a second DUI in Florida?
Yes, a prior DUI conviction in another state, such as California, is typically considered when determining if a DUI in Florida is a second offense.
Can I challenge the suspension of my driver’s license after a second DUI arrest?
You have the right to challenge your license suspension at a DMV hearing. However, this must be requested within a specific timeframe following your DUI arrest.
What are the fines for a second DUI offense in Florida?
The fines for a second DUI offense can be significantly higher than for a first DUI, often ranging from $1,000 to $2,000 or more, depending on the circumstances of your case.
Should I consult a DUI defense lawyer for a second DUI in Florida?
Yes, consulting a DUI lawyer is highly recommended for a second DUI. A qualified attorney can provide guidance on your legal options and help build a defense strategy for your case.
Are Two DUIs a Felony?
In Florida, most second offense DUIs are misdemeanors rather than a felony. However, any type of DUI (including a first or second) can be charged as a third-degree felony. This could be the case if the driver convicted of DUI was involved in an accident where another person suffered a “serious bodily injury.”
If you are concerned about whether you could get charged with a felony, contact The Law Place today. We have a wealth of legal knowledge and experience and will honestly tell you what you will likely face if you have been charged with a DUI.
Our practice areas cover the whole of Florida, so if you have a Florida zip code, we can help you. Our phone lines are open 24 hours a day, seven days a week. Call us today at (941) 444-4444.
