Second DUI Within 5 Years

Attorney Zahra Umansky represented a client charged with committing a second DUI within 5 years of a first DUI conviction. A second DUI conviction within 5 years of the first carries a mandatory 10 days in jail, 5 years driver’s license suspension, 30-day impoundment/immobilization of vehicle, 1-year ignition interlock device, $1000 fine, and many other consequences. Attorney Umansky filed motions to suppress challenging the State’s evidence and the law enforcement’s actions. The Court denied the motions; however, the Court indicated to the State that the defense had shown during the course of the hearing that the State’s case was weak. Attorney Umansky was able to negotiate an amended offer of reckless driving for her client. As part of the plea offer, Attorney Umansky was able to avoid any driver’s license suspension, impoundment, ignition interlock device, and jail time for her client. Additionally, Attorney Umansky was able to get the Court to dismiss the civil tickets the client had received in conjunction with the case.

Receiving charge consequences such as license suspension, fines, and even jail time can have a severe impact on your life.  Mrs. Umansky was able to give the client a second chance in this instance, even if it was their second DUI in a 5-year period. Typically, an individual will face much harsher consequences during a second DUI compared to a first DUI.

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DUI #2 in Five Years

A second DUI is still a misdemeanor offense. While the penalties associated with DUI #2 resemble those of your first DUI, they are more severe. Those who face their second DUI in a five-year span face a multitude of statutory minimum requirements unless their charges are reduced or dismissed.

  • Mandatory jail time: DUI offenders who receive their second DUI in a five-year span must spend at least 48 hours in jail. The 48 hours must be consecutive. The maximum sentence you may face is 9 months unless your BAC was above 0.15%, or a minor was with you when you were arrested. The maximum incarceration period for these unique circumstances increases to 12 months.
  • Fines: You can face fines of between $1,000-$2,000 for your second DUI within five months. If your BAC was elevated or a minor was with you, the potential fines double to a minimum of $2,000 to a maximum of $4,000.
  • Driver’s License Revocation: If you are convicted, you will lose your driver’s license for a minimum of five years. You may be eligible for a hardship reinstatement after 1 year.
  • Community Service: DUI offenders convicted of a second DUI within five years must serve fifty hours of community service.
  • Vehicle Impoundment: Unless your family has no other way to get around town, your car can be impounded for thirty days which cannot occur until after you have served your jail time.

The sooner you work with a keen Orlando DUI lawyer, the better the outcome of your case can be. Our attorneys are dedicated to investigating each aspect of your case. We will fight to have your charges reduced or dismissed wherever possible and strive to preserve your future. Call (407) 228-3838 for a free consultation or email us about your second DUI case.