Second DUI Defense Attorney

DUI Attorney Orlando

Central Florida law enforcement officers aggressively pursue DUI arrests in and around Orlando at all hours of the night. Facing DUI charges for a second DUI is a serious offense for which you could face mandatory jail time. In Florida, entering a plea to the charge requires the court to impose mandatory minimum penalties. The severity of the penalties will depend on whether your second DUI occurred within five years of your first DUI conviction.

A person who is convicted of a DUI in Florida for the second time may not have his record expunged. Without the help of a headstrong criminal defense lawyer in Orlando, you could face severe repercussions that can affect your day-to-day life for the foreseeable future. Discuss your second-offense DUI with one of our DUI lawyers today.

Recent Case Result

Second DUI / Leaving Scene Charges Reduced

2018-CT-005877-A-O / 2018-CT-005875-A-O

No mandatory Jail time! Our client crashed into a commercial vehicle and then left the scene. She was followed to an apartment complex where she passed out behind the wheel and threw up on herself. She blew a .230 (three times the legal limit). The video evidence was bad. She already had a prior DUI conviction from a few years ago. Our attorney spotted two issues with the investigation and filed two motions to suppress. Our motions were set for a hearing and two weeks before our hearing the State offered a wet reckless with no license suspension. Our client happily accepted that offer and now she won’t lose her license for 5 years via an administrative suspension from the DMV. She also won’t be required to obtain the costly FR44 insurance.

Florida Penalties DUI Within 5 Years of Your First Charge

Generally, your second DUI will be a misdemeanor offense with penalties similar to but worse than penalties for your first DUI. Those convicted of DUI #2 in five years must face the following penalties unless they avoid a conviction:

  • Mandatory license revocation for a minimum of five years
  • A minimum period of 10 days and a maximum of 9 months in jail
  • A maximum period of one year in jail with an elevated BAC (0.15% or higher)
  • A maximum period of one year in jail with a minor in the vehicle (if a person of under 18 years old was in the car at the time of the DUI stop)
  • A maximum period of one year in jail if your impairment led to an accident that caused property damage
  • Installation of an ignition interlock device (IID) for at least one year
  • 50 hours of community service
  • DUI school and a substance abuse evaluation
  • Probation (for a maximum of 12 months)

Fines will also accompany your sentence. Standard fines for a second-offense DUI range from $1,000 to $2,000 but can double for an elevated BAC or if a passenger under 18 was in your car at the time of the DUI stop. If a person sustained “serious bodily harm” due to your alleged intoxication, you could face a fine of up to $5,000.

Florida Penalties for DUI 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 in jail with no minimum jail requirement
  • Installation of an IID

Defense Strategies for a Second DUI in Florida

A knowledgeable attorney can employ several DUI defense strategies to fight a second-offense DUI charge. Because of the mandatory penalties that come with a second DUI charge, your DUI attorney will try to have your charges reduced to reckless driving or careless driving charges. For more information about how an attorney with The Umansky Law Firm can stand up for you at this time, contact us to discuss your case.

Contact an Orlando Second DUI Defense Attorney

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 offense of DUI, or even a third or fourth. Each one has higher penalties, fees, and license suspension times.

If you have been arrested for a second DUI contact our Orlando DUI attorneys today for a free case review. Call 407-228-3838 or chat with us live around the clock.