There are two categories into which Florida law separates a second offense of driving under the influence (DUI): within a five-year window or outside of a five-year window as determined by the date of your first DUI conviction – not the date of your first DUI arrest. The severity of the penalties for each category vary greatly, so it’s important to understand the differences and to have an experienced attorney that can help you avoid a second DUI conviction where both the direct and indirect consequences can cost you thousands of dollars, revocation of your driving privileges and even jail.
For a second DUI outside of five years, the consequences will generally be similar to a first DUI with a few noted exceptions in that you …
… will not be eligible for a hardship driver’s license after the conviction.
… could face a maximum jail time of nine months.
… will be fined $1,000 – $2,000.
… will have an ignition interlock device for one year.
However, for a second DUI within five years, the following statutory minimum requirements will be imposed. You will …
… have your license revoked for a minimum of five years – with no driving at all during the first 12 months of the suspension and only the possibility of a hardship reinstatement after one year.
… serve a minimum of 10 days in jail with 48 hours of consecutive jail time
… up to 12 months probation.
… pay a minimum fine of $1,000 and a maximum fine of $2,000 – unless the alcohol reading was .15 or if a minor was in the vehicle in which case the fine imposed will be $2,000 to $4,000.
… serve 50 hours of community service.
… have any vehicle registered in your name impounded for thirty days.
… be eligible to apply for hardship reinstatement after one year if the following conditions are met:
1. You completed DUI school.
2. You are in a DUI supervision program for the remainder of the revocation period.
3. You have not consumed any alcohol or controlled substance or driven a motor vehicle for 12 months prior to your reinstatement.
… complete Level II DUI school, including a substance abuse evaluation and any recommended follow-up treatment.
… install an ignition interlock device for at least 12 months after serving any jail time – or 24 months if the alcohol reading was .15 or higher.
The consequences of a second DUI offense can be severe and have a direct personal and professional impact on your life. If you or someone you know has been charged with a second DUI, let the experienced attorneys at Anton Castro Law help guide you through the process they know best and ensure your best interests are represented.