Second DUI in Pasco
What happens if you are arrested for a second DUI in Pasco County, FL? After the arrest, you have two cases pending against you. The first case is the 12 to 18 month administrative suspension with the DHSMV Bureau of Administrative Review office in Clearwater, FL. The second case is the criminal case pending in the courthouse in New Port Richey or Dade City, FL.
To contest the administrative suspension for a second DUI, you should hire a criminal defense attorney to demand the formal review hearing within the first ten (10) days after your arrest. Your attorney can also obtain a 42-day hardship permit so that you can keep driving while the formal review hearing is pending.
For the court case, you need an attorney to aggressively fight the charges with the goal of avoiding a DUI conviction. You can avoid the DUI conviction if the charges are dropped by the prosecutor, dismissed by the court, or reduced to a less serious charge such as reckless driving.
If this is your second refusal (determined by whether you received an administrative suspension for refusing regardless of whether you were ultimately convicted of DUI), you might be charged with the separate crime of “Refusal to Submit to Testing” under Florida Statute § 316.1939, a first-degree misdemeanor.
Attorney for a Second DUI in Pasco County, FL
Contact us today to discuss the best way to protect your driving privileges and criminal record. The attorneys at Sammis Law Firm fight DUI cases in Pasco County, FL, including a second DUI.
We also represent clients charged with a second “Refusal to Submit to Testing” under Florida Statute § 316.1939, a first-degree misdemeanor.
Act quickly so that we can help you demand the formal review hearing and secure the 42-day permit during the ten (10) days after your arrest. We can also represent you in the criminal case pending at the New Port Richey or Dade City courthouse.
Our offices are located in New Port Richey, FL, directly across from the West Pasco Judicial Center. We can appear at the Bureau of Administrative Review office in Clearwater, FL, for your formal review hearing.
Call (813) 250-0500 to discuss your case today.
Punishments for a Second DUI Outside of Five (5) Years
If this DUI arrest is outside of five years of any prior conviction, then the offense is basically treated like a first DUI except:
- the maximum jail term is 9 months instead of 6 months;
- the minimum fine is $1,000 instead of $500;
- the maximum fine is $2,000 instead of $1000;
- the court is required to impose a one-year ignition interlock device requirement after a conviction;
- you won’t qualify for a hardship driver’s license if you have two DUI convictions on your Florida driving record.
The best ways to avoid these penalties is to avoid a DUI conviction by getting the charges dropped, dismissed or at least reduced to a less serious offense (such as reckless driving).
Punishments for a Second DUI Within Five (5) Years
If you get convicted of DUI for an offense that occurred within five (5) years of a prior conviction for DUI, then your case will be subject to enhanced penalties that include:
- Probationary Term: A maximum of twelve (12) months probation to complete:
- fifty (50) hours of community service;
- a thirty (30) day vehicle immobilization;
- Level II DUI school (and any follow up treatment required).
- Five (5) Year Driver License Revocation: For a second DUI conviction within five (5) years, your driver’s license will be revoked for five (5) years with no driving for even hardship purposes during the first twelve (12) months.
- Minimum of Ten (10) Days or Maximum of Nine (9) Months in Jail: A second DUI within five (5) years comes with a minimum mandatory jail sentence of ten (10) days with a statutory maximum jail sentence of nine (9) months.
- Fine of $1,000 to $2,000: The fine for a second DUI within five years is a fine between $1,000 to $2,000 (unless the BAC was .15 or higher or a child passenger was in the vehicle which comes with a fine between $2,000 to $4,000).
- Mandatory Ignition Interlock Device: The court must impose ignition interlock device requirement 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.
Length of the Administrative Suspension for a Second DUI
Unless your attorney is successful in getting the administrative suspension invalidated during the formal review hearing, then the administrative suspension will last for:
- Six (6) months with a 30-day hard suspension for a DUBAL with no prior administrative suspension;
- Twelve (12) month with a 30-day hard suspension for a DUBAL with one prior administrative suspension;
- Twelve (12) months with a 90-day hard suspension for a refusal with no prior administrative suspension; or
- Eighteen (18) months with an 18-month hard suspension for a refusal with a prior administrative suspension for refusing.
Length of the Court Ordered Revocation after a 2nd DUI
In addition to the administrative suspension, the court will impose a five (5) year revocation of your driving privileges if you are convicted of a second DUI within five (5) years of a prior conviction.
If you are convicted of a second DUI within five years, then you will not be eligible for a hardship license for at least twelve (12) months. After that first year, you can apply for hardship reinstatement if the following conditions are met:
- You have completed Level II DUI school and all required follow up counseling;
- You remain in a DUI supervision program for the remainder of the revocation period; and
- You have not consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement.
What Happens at Level II DUI School in Pasco County, FL
DUI school is required if either:
- you lose your formal review hearing by not getting the administrative suspension invalidated; or
- if you are convicted of DUI in the court case.
If you don’t get your administrative suspension invalidated or if you are convicted of DUI, then you will be required to enroll in DUI school with Pasco Pride Integrated Services, Inc., if you live, work or attend school in Pasco County, FL.
You must enroll in and complete the Level II DUI course if you have previously attended a Level I DUI course at any location at any time in your entire lifetime or if you were previously charged or convicted two or more times of any offense requiring attendance at DUI school.
You can visit the website of Pride Integrated Services, Inc., to complete the online registration for Level II DUI School. The DUI school in Pasco County, FL, accepts Visa and MasterCard.
The Level II registration fee is $439.00. The fee includes the Florida state assessment fee, Driver Risk Inventory testing fee, driver record fee, and online processing fee.
After you enroll online by paying the registration fee, you need to complete the registration process by contacting the school within five (5) days to schedule your class and evaluation appointments.
You must bring the following documents to the evaluation:
- a copy of the DUI citation;
- a copy of the criminal report affidavit and any police reports completed by the arresting officer;
- a traffic crash report (if applicable);
- court information showing your next court date.
You are not allowed to use drugs or alcohol prior to the class. In fact, a breath test may be administered prior to the DUI class or evaluation.
After you have scheduled your class and DUI evaluation and appointment, the school will send you a copy of your Evaluation/Class Assignment Receipt and the DUI Program Rules and Regulations form.
Level II DUI School in Pride Pasco – If you live, work or attend school in Pasco County, FL, then you are permitted to enroll in DUI school at Pasco Pride Integrated Services, Inc. You can enroll online and then contact the school to schedule the classroom instruction and evaluation. To complete DUI School, you must also complete any required follow up treatment.
Locating a Lawyer for the 2nd DUI in Pasco County, FL
After an arrest for a second (2nd) DUI in Florida, contact an experienced Pasco DUI Defense lawyer to discuss your case. Find out the best ways to avoid a DUI conviction by getting the charge reduced to something less serious (such as reckless driving).
We represent clients after an arrest by an officer with the Pasco Sheriff’s Office, the New Port Richey Police Department, the Port City Police Department, the Zephyrhills Police Department or the Florida HIghway Patrol.
With offices in New Port Richey, FL, our Pasco DUI Defense Lawyers represent clients after a breath test, blood test, urine test, or a refusal to submit to testing.
Call (813) 250-0500 to begin your defense today.
This article was last updated on Monday, March 4, 2018.