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Second DUI Penalties in Tampa 

If you were just arrested for DUI in Tampa or Hillsborough County, FL, and you have a prior DUI conviction, then you have come to the right place. This article explains the consequences of a second DUI arrest and what you need to know at every stage of the prosecution.

Act quickly to retain an attorney. Hire an attorney to DEMAND a formal review hearing at the Bureau of Administrative Review Office on Hillsborough Avenue during the first 10 days after the arrest. Don't delay. Call an experienced criminal defense attorney at Sammis Law Firm.

We can protect you are every stage of the case. Call 813-250-0500.

This article explains the maximum and minimum penalties if you are convicted of a second DUI. Even if the court and prosecutor do not know about the prior DUI conviction, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) may consider the offense a second DUI when imposing certain administrative consequences.

The administrative consequences can include a five-year revocation of your driver's license if the second DUI occurred within five years of the prior DUI.

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 driver's license suspension or revocation. In many of these cases, the goal is getting the charges reduced to reckless driving.

Call 813-250-0500 to speak with a DUI attorney in Tampa at the Sammis Law Firm. We provide a free and confidential initial consultation either on the phone or in the office. Put our experience to work for you as we fight your charges to help you obtain the best possible result.


Second DUI Outside of Five (5) Years

Under Florida law, the consequences that attach to a second DUI conviction will depend on whether the conviction is within 5 years or outside of 5 years of the prior conviction. 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, except:

  • you will not qualify for a hardship driver's license after the conviction (so any driver's license suspension imposed by the court which could be a six-month to twelve-month suspension will be served as "hard" time with no driving at all during the suspension);
  • the maximum jail time that can be imposed is nine (9) months instead of six (6) months;
  • the fines are between $1,000 to $2,000 instead of $500 to $1,000; 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 a second conviction for DUI.

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 a second conviction for DUI.


Second DUI Within Five (5) Years

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:

  • Driver License Revocation Period: If you were convicted of a second DUI within five years then the court must impose a minimum 5 years revocation of your driver's license (with no driving at all during the first 12 months of the suspension and the possibility of a hardship reinstatement after 1 year);
  • 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):
  • Hardship Reinstatement: After a driver's license 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:
    1. You have completed DUI school;
    2. 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)
    3. 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 typically 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.


Finding an Attorney for a 2nd DUI in Tampa, FL

If you are facing a second DUI in Florida, contact an experienced DUI lawyer to discuss your case. Talk with us about the goals in your case including getting the charge reduced to reckless driving to avoid a driver license suspension and other more serious DUI penalties under Florida law.

Call the Sammis Law Firm for a free consultation in the office or over the phone.

Call 813-250-0500 to begin your defense today.


This article was last updated by on Wednesday, July 19, 2017.