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.
How Do You Get a Second 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.
What Are the Consequences of a Second DUI?
If you have committed a second offense of DUI after already having a first DUI conviction, the penalties you will face will be incredibly likely to be harsher than your first offense. In Florida, the crime of a second DUI offense is a second-degree misdemeanor, as stated in the Florida Statute 755.081. Although, a second offense will carry the standardized DUI penalties, which are much more severe than a traditional second-degree misdemeanor.
Not only this, but the penalties are likely to be enhanced if you had a minor in your vehicle at the time your second offense of DUI was committed or if you had blood alcohol or breath alcohol level of 0.15% or higher when you were arrested.
Some of the standard second offense DUI penalties in Florida that a judge will likely impose if you have been convicted are:
- Forced to serve up to nine months of jail time.
- A minimum of six months drivers license suspension, but your driver’s license could be suspended for a year in some cases.
- Up to twelve months of reporting probation.
- A minimum fine of $1000, but this could reach up to $2,000.
- Forced to complete 50 hours of community service.
- Mandatory placement of an ignition interlock device upon all of the vehicles owned by the convicted driver. These ignition interlock devices will remain in the convicted driver’s vehicles for at least a year.
- The vehicle in which the second offense of DUI was committed will be impounded or immobilized for ten days.
- The driver will have to complete any recommended substance abuse treatment.
- The driver will have to complete a psychosocial evaluation to determine whether any substance abuse treatment is necessary.
- The driver will have to complete a twenty-one hour DUI substance abuse course.
If you have been convicted of a second DUI and it is your second offense, contact The Law Place as soon as possible. Our DUI defense lawyers will be able to offer you the legal advice you may be seeking. Our DUI defense lawyers will try to reduce the penalties you may be facing for your second DUI conviction to try and reduce the amount of jail time you may face, for example. Although, as this is your second DUI and not your first offense, it will be a lot harder to reduce the penalties you will likely face. That is why it is of utmost importance that you seek the legal advice of an experienced DUI lawyer. We can’t promise that you’ll not have to suffer a license suspension, but we will strive to ensure that you achieve the best possible outcome.
Tell us today at The Law Place if you have been convicted of a second DUI, and we can offer you a free consultation with one of our DUI lawyers.
We’re here to serve you. Our phones are open 24 hours a day. What Are the More Severe Penalties of a Second DUI?
You will receive more severe penalties for your second DUI if the following applies to your conviction:
- If you have a blood or breath alcohol level of 0.15% or higher.
- If you were accompanied by a minor in your vehicle at the time of your arrest.
In addition to the standardized penalties that a judge will likely impose for a second offense of DUI, if you are found to have a blood or breath alcohol level of .15% or higher when you were arrested, you will likely face:
- Forced to serve up to twelve months in jail.
- A minimum fine of $2,000, but no greater than $4,000.
- Forced to place ignition interlock devices upon your vehicles for a minimum of two years.
If you had a minor accompanying you in your vehicle at the time of your arrest, you will likely face the tougher penalties of:
- Forced to serve up to twelve months in jail.
- A minimum fine of $2,000, but no greater than $4,000.
If you are concerned about these penalties and what happens when you have been convicted with a DUI for a second time, tell us at The Law Place today. Our experienced legal team will be able to explain the legal process surrounding DUI convictions to you and reassure you of what you will likely face. We can also legally represent you in an attempt to reduce your conviction and help you receive the best possible outcome from this DUI conviction. We can try and prevent a license suspension and reduce jail time needed to be served. Call us today in Florida for a free consultation at (941) 444-4444.
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. How Much Does a Second DUI Cost?
You should know that a second DUI charge in Florida will result in a minimum jail time of ten days. A conviction will also cost up to $2,000 in fines.
Court costs will vary depending on individual DUI cases. We advise that if you have been charged with a second DUI that contact us at The Law Place for a free consultation. We will be able to discuss your case and clearly explain to you our fee structure if you decide to allow one of our defense lawyers to be your legal representation.
Our practice areas cover the whole of Florida, and if you have a Florida zip code, we will be able to help you. Don’t hesitate to contact us today to find out more information about our law firm and how our fee structure works. We strive to always achieve the very best for our clients, and with our wealth of experience, you can ensure that your case will be in the most capable legal hands in Florida.
FAQ – What Happens When You Get a Second DUI in Florida?
What are the penalties for a second DUI offense 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.
