If this is your second DUI in Florida, then you are probably familiar with the state’s legal system and how unforgiving it can be when it comes to driving under the influence.
Because a previous conviction can be used to enhance the penalties for a second DUI to a higher-level offense, it is in your best interest to speak with an experienced DUI attorney.
Attorney for Second DUI in Treasure Coast, FL
If you are being investigated for a second DUI in the Treasure Coast, it is imperative that you have a defense team from Meltzer & Bell on your side. Our attorneys have proven experience with DUI cases, and they will do everything in their power to achieve the best possible results for your situation.
Call Meltzer & Bell today at (772) 291-2534 to schedule a free case consultation, or submit your information in the online contact form. We defend clients with DUIs in counties along the Treasure Coast that include Martin and Saint Lucie.
Overview of Second DUI in Treasure Coast, FL
In Florida, as with the rest of the nation, it is illegal for anyone to drive while under the influence of alcohol. Section 316.193 of the Florida Statute defines the crime as any person driving or in actual physical control of a vehicle while the person’s normal faculties are impaired or they have a Blood Alcohol Concentration (BAC) of 0.08 or higher.
Actual physical control is broadly defined as the ability to operate a vehicle while intoxicated. For example, a person leaves a bar and decides they are too drunk to drive home, so they sleep it off in their parked car, but they start the car to turn on the AC. Police approach the vehicle and see the keys are in the ignition, suggesting to them the driver intended to move the vehicle.
Because the keys were in the ignition, even though the driver didn’t move the car, they could still be charged with a DUI.
The state imposes harsher penalties for a second DUI conviction. Under Florida law, the extent of the penalties depends on whether or not the conviction occurred within five years of the prior conviction. This is called a look-back period and is considered the length of time a DUI offense remains on a driver’s record.
If the DUI arrest occurred five years after any previous conviction, the offense would typically entail penalties similar to the first DUI, except:
- An ignition interlock device must be installed on your vehicle for one year
- You will not qualify for a hardship driver’s license
- Fines will range from $1,000 to $2,000, and
- You could spend up to nine months in jail
If your second DUI conviction took place within five years of the previous conviction, then the court is required to impose the following minimum requirements:
- Minimum of 10 days in jail, but no more than nine months
- Up to 12 months of probation and 50 hours of community service
- Driver’s license revocation for a minimum of five years
- At least a $1,000 fine but up to $2,000.
- Impoundment or immobilization for 30 days of all vehicles owned by the defendant
- Complete a DUI substance abuse course
- Submit to a psychosocial evaluation to determine if substance abuse treatment is required
- Complete substance abuse treatment
A judge may impose enhanced penalties in addition to standard penalties if the driver convicted of a second DUI within five years and had a BAC of .15 or higher or a minor was in the vehicle:
- Minimum of 10 days in jail, but up to 12 months
- Fines that range from $2,000 to $4,000
- At least two years of an ignition interlock device on all vehicle owned by the defendant.
Driving Under the Influence | Florida Statute 316.193 – Follow this link to read through the state statute on driving under the influence. The law defines what driving under the influence is and the penalties that come with the crime. The statute can be read on Online Sunshine, the official website of the Florida Legislature.
DUI Frequently Asked Questions– The Florida Highway Safety and Motor Vehicles Department offers a form over frequently asked questions about DUIs. Some of the questions include how to reinstate your license and how to find a DUI program. The DHSMV’s stated mission is to provide highway safety and security in Florida.
Lawyer for Second DUI in Treasure Coast, FL
Having a defense team with proven experience on your side can make all the difference in your DUI case. Attorneys with Meltzer & Bell will strive to protect your rights and achieve the best possible outcome for your situation.
We represent clients in counties along the Treasure Coast that include Martin and Saint Lucie. Call Meltzer & Bell today at (772) 291-2534 to schedule a case consultation, or submit your information in the online contact form.