Being charged with a second DUI is a serious crime. In the state of Florida if you plead guilty or enter a plea to the charge the court is required to impose mandatory minimum penalties. The severity of the penalties will depend on if the charge has happened with in 5 years of your first DUI conviction.

Penalties Within 5 Years of your First Charge

Unless a conviction is avoided, these penalties are required under Florida Law for your second conviction within 5 years:

  • Revocation of your Driver License of a minimum of 5 years
  • Jail time with a minimum of 10 days and a maximum of 9 months unless the your BAC reading is over .15 or a minor is present in the vehicle than the maximum penalty s 12 months.
  • Probation (maximum of 12 months)
  • Minimum fines of a $1,000 and a maximum of $2000. If your BAC is over .15 or a minor is in the vehicle the minimum fine.
  • 50 hours of community service
  • DUI School and Substance Abuse Evaluation
  • Ignition Interlocking Device

This is why the penalties are going to become harsher and a judge will often times be less compassionate when hearing your side of the story in court. It is important that you work with an experienced DUI lawyer that has specifically dealt with cases involving a second DUI. Even getting a lawyer that has done third and even fourth DUI cases for individuals will give you an idea of how they put together repeat offender defenses.

Penalties after 5 Years of your First Conviction

If your second DUI conviction happens 5 or more years after your first conviction these mandatory penalties will be enforced by the state of Florida:

  • Fines between $1,000 to $2,000
  • A maximum of 9 months with no minimum jail requirement
  • Ignition Interlocking Device

Defense Strategies for a Second DUI

Because of the mandatory penalties for a second DUI charge an experience attorney will try and have your charges reduced to reckless driving or careless driving.

Contact The Umansky Law Firm

The importance of being prepared for a trial especially like this one is that you will be fighting to mitigate or drop your case. This is especially important for a second DUI offense, or even a third or fourth. Each one has higher penalties, fees, and license suspension times. Consult with a DUI lawyer that is specifically experienced in habitual DUI situations.

If you have been arrested for a second DUI contact our attorneys today for a free case review. Click here to contact us online or call us at 407-228-3838

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Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

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Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

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No Information Notice - Charges Dropped

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Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

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Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

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