What Are the Consequences of a Second DUI in Florida?
In Florida, a DUI offense can have serious consequences. The consequences get even more severe when you are charged the second time. Florida’s strict laws are meant to deter repeat offenders and protect the public. If you face a second DUI charge in Florida, you should contact an experienced DUI attorney without delay. Below, we discuss the legal penalties you might face if you are charged with DUI for the second time in Florida and how a DUI attorney can help.
Understanding the Meaning of DUI in Florida
DUI, or driving under the influence in Florida, is when a driver operates a vehicle while impaired by alcohol or drugs. In Florida, DUI laws apply to anyone in actual physical control of a vehicle, even if they are not driving. In most cases, a driver is deemed to be under the influence of their blood alcohol content (BAC) is 0.08% or higher.
Consequences of a Second DUI Conviction in Florida?
Under Florida Statutes section 316.193, the penalties for a second DUI offense depend on whether the offense happened within five years of the first conviction. The following are some of the penalties you may face if your second DUI conviction happens within five years of your first conviction;
- Fines: A fine of between $1,000 and $2,000. If there are aggravating factors, such as a minor in the car, you may face higher fines of between $2,000 to $4,000.
- Imprisonment: If convicted of a second DUI within five years of your first DUI conviction, you must be imprisoned for at least 10 days. You could be jailed for up to one year if there are aggravating factors.
- Ignition interlock device (IID): For second DUI convictions, IIDs are mandatory for at least a year, but the period increases to two years if your BAC is 0.15% or higher.
- License revocation: Your license may be revoked for at least five years.
In the case of a second conviction that happens outside five years of the first conviction, the following are some of the penalties you might face;
- Fines: Up to $2,000 or $4,000 if there are aggravating factors
- Jail time: Maximum of nine months
- License revocation: Your driver’s license may be revoked for six to 13 months.
- IID: You’ll be required to install IIDs on all your vehicles for a year and two years if your BAC is 0.15% or higher.
How Can an Attorney Help?
When faced with a second DUI charge, it might seem like a daunting and overwhelming situation. However, an experienced attorney can provide valuable assistance. They can thoroughly evaluate your case, identify possible defenses, such as lack of probable cause, and negotiate with the prosecution. They can work to reduce your charges. Additionally, a lawyer can help you navigate the complexities of your case, ensuring your rights are protected throughout.
Contact an Orlando DUI Lawyer
If you’re facing a second DUI charge in Florida, contact our experienced Orlando DUI lawyers at Joshi Law Firm, PA., at (407) 661-1109 to schedule a consultation. We can analyze your case, help identify potential defenses, protect your rights, and help you achieve the best possible outcome.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html
