||Penalties for a Second DUI in Florida|
Second DUI Tampa Attorney
If you enter a plea to a charge of DUI in Florida and you have a prior DUI conviction that appears on your driving record, then the court is required to impose certain statutory minimum punishments.
Additionally, it is important to consider the fact that regardless of how the court sentences you, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) may consider the offense a second DUI when imposing certain consequences, including a five year revocation of your driver's license if the second DUI occured within five years of the prior DUI (even if the first DUI occurred out of state and is not known to the court or prosecutor at the time of sentencing).
Fighting to Avoid a Conviction for a Second DUI in Florida
Avoiding a second DUI conviction can save you thousands of dollars over the next three to five years from both the direct consequences of the plea and the indirect consequences of the plea including a dramatic increase in your insurance premiums and possible driver's license suspension or revocation.
Contact us to discuss the best strategy to fight your DUI case. It is our job to help you get you the best possible result. We take that responsibility seriously. For any second DUI in Tampa, Hillsborough County, FL (or the surrounding counties of Pinellas, Polk, Pasco. Hernando or Manatee County).
Consequences of a Second DUI Outside of Five (5) Years under Florida Law
Under Florida law, the consequences that attach to a second DUI conviction will depend on whether the conviction is considered a second DUI within 5 years or outside of 5 years. If the DUI arrest occurs outside of 5 years from any prior DUI conviction, then the DUI will be generally treated the same as a first DUI as far as mandatory penalties required by Florida statutes except that the maximum jail time that can be imposed is nine (9) months, fines are between $1,000 to $2,000, and the ignition interlock device must be installed for one year.
No minimum jail time is required (although the prosecutor may ask for more than the minimum requirement to resolve the case short of trial). The most serious consequence of a second DUI conviction that occurs outside of five years is that the driver is not eligible for a hardship license after after a second conviction for DUI.
Consequences of a Second DUI within Five (5) Years of Prior DUI Conviction
Unless you avoid a DUI conviction, if your second DUI arrest occurred within five years of a prior DUI conviction, then the following statutory minimum requirements will be imposed:
- Incarceration or Jail Time: The court must imposed a minimum of 10 days in jail with 48 hours of consecutive jail time (the maximum period of incarceration is nine (9) months unless the breath test reading was .15 or higher or a minor was in the vehicle, in which case the maximum jail time is twelve (12) months);
- Probationary Term: A maximum of twelve (12) months probation;
- Fines: The court must impose a minimum fine of $1,000 and a maximum fine of $2,000 (except that if the alcohol reading is .15 or if a minor is in the vehicle then the fine imposed must be between $2,000 to $4,000);
- Community Service: The court is required to impose 50 hours (although the court may allow you to buy out a portion of those hours out at a rate of $10 per hour);
- Vehicle Impoundment: The court is required to impose a penalty that any vehicle registered in your name is impounded for thirty (30) day (except that the court may waive this requirement upon a showing that a family member has no other transportation or if the vehicle is registered as a company vehicle used solely for an employee of the business):
- Driver License Revocation Period: The court must impose a minimum 5 years revocation of your driver's license (with the possibility of a hardship reinstatement after 1 year);
- Hardship Reinstatement: After a hardship revocation for five years you are not eligible for a hardship license during the first twelve (12) months, although you may apply for hardship reinstatement hearing after one year if the following conditions are met:
- You have completed DUI school;
- You remain in a DUI supervision program for the remainder of the revocation period (missing treatment or counseling will result in cancellation of hardship driver's license)
- You can show that you have not consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement.
- DUI School: The court must impose a requirement that you complete DUI school which typcially involves completion of Level Two DUI School includes substance abuse evaluation and any recommended follow up treatment;
- Mandatory Ignition Interlock Device: The court must impose a requirement that you install the ignition interlock device for at least twelve (12) months after serving any period of incarceration or twenty-four (24) months if the alcohol reading is .15 or over.
If you are facing a second DUI in Florida, contact an experienced DUI lawyer to discuss your case. Call the Sammis Law Firm for a free consultation in the office or over the phone. Call one of our experienced Tampa DUI Lawyers at 813-250-0500 today.