Second DUI Offense Attorney
Protect your rights with a strong legal defense
Florida law imposes escalating penalties for people with multiple DUI convictions. If you’re facing DUI charges for the second time, you may be looking at a lengthy jail sentence, license suspension, and other serious consequences.
When you’re facing serious penalties, you need serious representation. Don’t face the consequences of a second-offense DUI on your own. Get an experienced DUI defense attorney who knows how to take on tough cases and win.
What counts as a “second offense” in Florida?
Florida’s “lookback period” – that is, the amount of time a DUI conviction stays on your record to determine sentencing for subsequent offenses – is complicated. For certain aspects of sentencing, such as minimum jail time, the lookback period is five years. For others, like fines and maximum jail sentence, any prior offense counts, no matter how long ago it was.
Is a second DUI a misdemeanor or a felony?
Usually, a second-offense DUI is charged as a misdemeanor. However, it can be upgraded to a felony DUI if you were involved in an accident that caused “serious bodily injury.” (That is true of a first-time DUI as well.)
What are the penalties for a second DUI in Florida?
Florida’s penalties for drunk driving are tough, and they only get tougher on your second offense. The consequences of a second conviction may include:
For a standard second DUI, the maximum sentence is nine months. If your previous conviction was within the last five years, there is also a mandatory minimum sentence of 10 days.
The fine for a standard second-offense DUI in Florida is $1,000 to $2,000.
If it’s been more than five years since your previous DUI conviction, your license will be revoked for six to 12 months. If you had a prior DUI conviction in the last five years, your driver’s license will be suspended for at least five (5) years.
A second DUI conviction carries between six and 12 months of probation.
Ignition Interlock Device
An ignition interlock device is required for at least one year after a second DUI conviction.
Your vehicle will be impounded or immobilized for 30 days following conviction. Those 30 days can’t overlap with any time you spend in jail.
Additional penalties for aggravating circumstances
You can face additional penalties if your BAC was above .15, or if you had a passenger under age 18 in your vehicle. For instance, if your BAC was above .15, the ignition interlock is required for two years.
An attorney you can count on to fight your second DUI charge
If you’ve been through one DUI conviction already, you know how high the stakes are. A second DUI conviction can derail your future, and the only way out of that spiral is to fight back – and fight hard. You can’t go up against the system alone. You need a DUI defense attorney with a winning track record, someone who knows how to get real results.
Your DUI attorney can investigate and find ways to undermine the case against you, whether that’s questioning breath and blood test results, disputing whether the officer had reasonable suspicion to pull you over, or pointing out inconsistencies in testimony. The goal is simple: get the charges dropped or dismissed, or win a Not Guilty verdict at trial. Your lawyer can also fight for you in the Formal Review process to fight your license suspension and get your driving privilege reinstated.
Remember, you need to act fast. The clock starts ticking the day you get arrested, and the decisions you make in the immediate aftermath will affect your future. Don’t face your second DUI charge alone. Call 863-688-4606 or use the online contact form to talk to an experienced DUI attorney about your rights.