Second Florida DUI Offense – Miami DUI Attorney
Florida law separates the second offense of driving under the influence (DUI) into two categories, depending on whether the second offense took place less than or more than five years after the first. If the second DUI takes place within the five-year window, the penalties for the charge can be much more severe. If you have been charged with a second DUI offense, it is important to have an experienced DUI attorney by your side that can fight for your rights and protect you from the consequences of the second DUI penalties.
Second Offense Penalties
If you are charged with a second offense DUI, it is considered a misdemeanor crime. A second offense that occurs more than five years after the first DUI will result in mandatory fines, imprisonment, license revocation, DUI School, and the installation of an ignition interlock device.
If the second DUI offense took place within five years of the first DUI charge or if the BAC is 0.15 or higher, the second DUI is considered enhanced. An enhanced second DUI comes with increased fines and jail time, in addition to other mandatory penalties.
Second Offense Fines
The court will impose a fine between $1,000 and $2,000 for a second DUI. An enhanced second DUI for a BAC that is 0.15 or higher comes with fines not less than $2,000 and as high as $4,000.
Second Offense Imprisonment
For a second DUI, the jail term can be as much as nine months. If the DUI is enhanced because it took place within five years of the first offense, a mandatory minimum of 10 days in jail is required. Additionally, 48 hours of the sentence must be served consecutively. If the DUI is enhanced because the BAC is 0.15 or higher, the jail sentence can be as long as 12 months.
Second Offense License Revocation
The court imposes a minimum 180 day revocation of the driver’s license for a second DUI offense, and this can be increased to as long as a year. If the second DUI is enhanced because it took place within five years of the previous charge, the court can revoke a driver’s license for up to five years. The license cannot be reinstated after a second offense until after DUI School is completed.
Second Offense DUI School
Level I IDUI School is required for anyone convicted of a second DUI offense. This program entails 21 hours of instruction, lectures, class discussion, handouts, and videos. In addition, a psychosocial evaluation interview is conducted at the end of the class in order to determine whether additional treatment is necessary.
Second Offense Ignition Interlock Device
The court requires the mandatory installation of an ignition interlock device for a minimum of one year for a second DUI. The device requires that the driver blow into it in order to check the driver’s BAC before the vehicle’s engine will start.
Second Offense Enhanced DUI Additional Penalties
If the second DUI occurs within five years of the first offense, the court will impound all vehicles owned by the offender for at least 30 days. Additionally, probation can be imposed for up to one year.
Contact a Florida DUI Attorney to Help You with Your Case
The consequences of a second DUI offense can have a direct impact on your personal and professional life. If you or someone that you know has been charged with their second DUI in the Miami or greater Florida area, let The Law Office of Julia Kefalinos help. Call or contact the office today for a confidential consultation of your case. We are here to help you in whatever way we can.