Guide For Second-Time DUI Penalties

Driving under the influence (DUI) charges are especially problematic because a first conviction can make any future charges much worse. If you are facing multiple offense charges for a DUI, you need to be aware of what is at stake in your case.

At the Finkelstein Firm, P.A., I do everything that I can to defend clients throughout the Clearwater area against their DUI charges. My name is Jenna Finkelstein. As I build your defense strategy, I can also explain what is at stake in your case and how I can help defend you from your charges.

Common DUI Pentalites

Florida’s DUI penalties are set forth specifically in § 316.193, Florida Statutes. If you have already been convicted of one DUI and are arrested and convicted for a second, then the penalties are determined by two things: your blood alcohol content (BAC) and how much time has passed since your first conviction.

Second DUI within five years of your first with a blood alcohol content (BAC) of above/below .15%:

• Fines
  • Below .15% – Between $1,000 and $2,000
  • Above .15% – Between $2,000 and $4,000
• Jail time
  • Below .15% – The court must sentence an individual to a minimum of 10 days and up to nine months in county jail. Some courts are allowing the minimum mandatory jail sentence to be served in an in-patient treatment program. I can advise you regarding whether you may have this option.
  • Above .15% – Minimum 10 days and up to 12 months. Again, you may have the option of serving your 10 days in a residential treatment facility.
• Probation
  • Above and below .15% – You will have up to 12 months of probation under the supervision of the Salvation Army.
• Vehicle impound
  • Above and below .15% – There is a mandatory 30-day impound time period.
• Community service
  • Above and below .15% – You will be required to complete 50 hours of community service.
• Driver’s license suspension
  • Above and below .15% – Your license is subject to a five-year revocation. Remember to seek the advice of an experienced DUI defense lawyer to learn about your rights to an administrative review hearing, as this may be a viable way to save your license. Do not delay speaking to an attorney, as you only have 10 days from the date of your arrest to request this type of hearing.
• DUI school
  • Above and below .15% – For second-time offenders, multiple offender school may be required. This is a DUI class that must be completed before you are eligible for a hardship license.
• Ignition interlock
  • Below .15% – Florida requires a mandatory ignition interlock device to be placed on an offender’s vehicle for a period of one year at the offender’s expense.
  • Above .15% – You must have an ignition interlock device in your vehicle for two years.
• Mandatory adjudication
• Victim impact panel – The victim impact panel is an awareness program that is required in the state of Florida.

If you are arrested and enter a plea to a DUI in the state of Florida, the courts are required to adjudicate you guilty. There is no exception unless you enter a plea to something less than a DUI, such as careless driving or reckless driving. Oftentimes, an experienced attorney can negotiate something less than a DUI to preserve their client’s criminal record. The state attorneys will sometimes reduce charges in an effort to avoid extensive litigation. It is important to talk to an experienced lawyer to determine whether this is an option for your case.

Let Me Combat Your Charges

If you are facing DUI charges, the last thing you should do is hope for the best or give up on your defense. Instead, call 727-202-4418 or email my firm to develop a defense to fight for the outcome you deserve, starting with your free initial consultation.