DUI – Second Offense

DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S.

Under Florida law, you are guilty of DUI if your normal faculties are impaired or if your blood alcohol content (BAC) or breath alcohol level (BAL) is .08 or above.  Additionally, you can be convicted of DUI as a result of the consumption of Alcohol, Chemicals or Drugs.

What Are The Penalties For DUI – Second Offense In Florida?

If convicted of DUI in Florida, and it’s your second offense, you are subject to the following penalties:

Imprisonment- s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.

  • Up to 9 months in jail if your Blood Alcohol Content is between .08 – .14.
  • Up to 12 months in jail if you Blood Alcohol Content is .15 or above.
  • Up to 12 months in jail if there was a minor in the vehicle and your BAC was .08 or above.
  • Mandatory 10 days in jail if your second conviction is within 5 years of the first.  At least 48 hours of the jail sentence must be consecutive confinement.

At the judge’s discretion, your sentence may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.

Driver License Revocation Periods for DUI – s. 322.271, F.S. and s. 322.28,F.S.

  • Minimum 180 days revocation up to a maximum 1 year.
  • Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year.

Fine Schedule s. 316.193(2)(a)-(b), F.S.

  • Minimum $1000 up to $2,000.
  • Minimum $2000 up to $4,000 with BAC of .15 or higher.
  • Minimum $2000 up to $4,000 with a minor in the vehicle.

Impoundment of Immobilization of Vehicle – s. 316.193 (6), F.S.

  • Second conviction within 5 years = 30 days;Unless the family of the defendant has no other transportation.
  • Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.

Conditions for Release of Persons Arrested for DUI – s. 316.193 (9), F.S.

  • The person is no longer under the influence and;
  • The person’s normal faculties are no longer impaired
  • The person’s blood/breath alcohol level is lower than 0.05; or
  • Eight hours have elapsed from the time the person was arrested.

Business Purposes Only/Employment Purposes Only Reinstatements-s. 322.271, F.S. and s. 322.28, F.S.

  • Second Conviction (or more) No hardship license except as provided below. Mandatory ignition interlock device for one year, or for two years if BAL is greater than .20.
  • Second Conviction Within 5 Years: (5-Year Revocation) May apply for hardship reinstatement hearing after one year. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period.  Defendant’s failure to report for counseling or treatment shall result in cancellation of the hardship license.  Defendant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for one year or for two years if BAL is greater than .15.

DUI School Requirements – s. 316.193 F.S., s. 322.271, F.S., s. 322.291, F.S.

  • Second Conviction in 5 Years (5-Year Revocation) or Third Conviction in 10 Years (10-Year Revocation): Defendant must complete DUI school following conviction.

Adjudication and Sentencing – s. 316.656, F.S., s. 322.2615 F.S.

  • Penalty to be Imposed by Court: Judges are prohibited from deviating from the administrative suspension/revocation periods mandated by statute. The courts are prohibited from withholding adjudication in DUI cases; or from reducing a DUI charge if the defendant’s blood alcohol was .15 or greater.

Second DUI Offense?  Let a Former Police Officer Turned DUI Defense Attorney Take a Look at the Facts?

If you have previously been arrested for a DUI offense, then chances are that prosecutors will not let you off easy.  In some instances, there is a mandatory jail requirement if you plead or are found guilty of second offense DUI.  Our law firm will provide you with aggressive and competent legal representation designed to exploit all of the weaknesses in your case.  Call now for a Free consultation.

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