Charged with a Second DUI in Florida?

The state of Florida has implemented harsh penalties for a DUI conviction. Even more so, when it comes to repeat DUI offenders, Florida prosecutors always prosecute to the fullest extent of the law. Hiring the best second DUI lawyer can protect your rights and preserve your future.

If you or someone you know has been charged with a second DUI offense, securing legal representation is in your best interest. A second DUI conviction can result in expensive out-of-pocket fines, community hours, DUI school, a required IID installation, and a possible prison sentence. Not to mention the collateral consequences being a repeat DUI offender can have on your employment and personal relationships. Don’t go into your court date blind, and call an experienced criminal defense attorney today.

Attorney for Second DUI in Treasure Coast, FL

After an arrest for a second DUI in Palm Beach County, we suggest you contact an experienced criminal defense attorney at Meltzer & Bell, P.A.. We can help you understand the charges against you, the potential penalties, and the best way to fight the criminal charges. Our attorneys have collectively 20 years of experience that we want to use for your case.

We can help you fight the administrative suspension and the criminal charges. Call to discuss your case. During your appointment, we will sit with you, hear you, and start building a defense structure for you. Meltzer & Bell has clients throughout St. Lucie County and Martin County, including Stuart, Palm City, Indiantown, Jensen Beach, Port St. Lucie, Saint Lucie, and Fort Pierce.

Back to Top

What Does Florida Consider to be Driving Under the Influence?

Driving under the influence is illegal in all 50 states and Florida is no exception. Under Florida Statutes Section 316.193, driving under the influence is defined as a person who is found in actual physical control of a vehicle and has a blood alcohol concentration (BAC) of .08 or higher. Officers can also arrest you for DUI if they have reasonable grounds to believe your mental and physical faculties are impaired beyond your control.

What can be even more frustrating is the fact you can be charged with DUI without even operating your vehicle. That is because if you are found to be in “actual physical control” that is enough for the court to convict you of DUI. The term actual physical control is defined as when a person can drive and control the vehicle.

For instance, you can be arrested for DUI if you were found sleeping at the wheel intoxicated and your keys are in the ignition. Because the keys are in the ignition and you could turn the car on and drive at any time, the court considers you to be in actual physical control.

When determining whether a person is in actual physical control, the court will consider the following factors:

• If the car is turned on or not;
• If the motor vehicle is parked;
• Where the keys are located.
• The car’s workability;
• Where the alleged offender was in the vehicle;
• Whether the engine is on or not; and
• If the car has been driven recently

Back to Top

What Are the Penalties for a Second DUI?

The state of Florida has serious penalties for repeat DUI offenders. However, your consequences may not be as severe if you committed your second DUI five years ago or longer. The penalties for driving under the influence increase dramatically if the second conviction occurs within five years of the first. Understanding your penalties is key to fighting your second DUI charge. We suggest you read the sections below to learn more about the penalties for a DUI outside and within five years.

Penalties for Second DUI Outside of 5 Years in FL

If the second DUI occurred more than five years after the first DUI conviction, then the statutory maximum penalties include:

• Incarceration: For a second DUI, you face up to nine (9) months in jail;
• Probation: Up to 12 (twelve) months of probation;
• Community Service Hours: Required minimum of 50 hours of community service;
• Fine: Minimum fine of $1,000 but up to $2,000 (with a blood alcohol reading of .15 or higher or if a minor was in the vehicle, then the minimum fine is $2,000 but up to $4,000);
• Driver’s License Revocation: At least a six (6) month suspension with a maximum suspension of up to twelve (12) months (however you will not qualify for a hardship permit if the first DUI conviction is on your Florida driving record);
• Immobilization of Vehicle: Ten (10) days of vehicle immobilization or impoundment;
• DUI School: The judge must impose a requirement that the driver complete DUI school and any required follow up treatment;
• Ignition Interlock Device: the ignition interlock device must be installed for one year.

Penalties for Second DUI Within 5 Years in FL

If the second driving under the influence occurred within five years of a prior conviction, then the following penalties apply:

• Incarceration: The court must imposed a minimum of 10 days in jail with 48 hours of consecutive jail time (the maximum period of incarceration is nine (9) months unless the breath test reading was .15 or higher or a minor was in the vehicle, in which case the maximum jail time is twelve (12) months)
• Probationary Term: Twelve (12) months probation
• Fines: The court must impose a minimum fine of $1,000 and a maximum fine of $2,000 (except that if the alcohol reading is .15 or if a minor is in the vehicle then the fine imposed must be between $2,000 to $4,000)
• Community Service: The court is required to impose 50 hours (although the court may allow you to buy out a portion of those hours out at a rate of $10 per hour)
• Driver License Revocation Period: If you were convicted of a second DUI within five years then the court must impose a minimum 5 years revocation of your driver’s license (with no driving at all during the first 12 months of the suspension and the possibility of a hardship reinstatement after 1 year)
• Vehicle Impoundment: The court may require you to impound or immobilize your vehicle for thirty (30) days.
• Hardship Reinstatement: After a driver’s license revocation for five years you are not eligible for a hardship license during the first twelve (12) months, although you may apply for hardship reinstatement hearing after one year if the following conditions are met:
  • You have completed DUI school;
  • You remain in a DUI supervision program for the remainder of the revocation period;
  • You have not consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement.
• DUI School: The court must impose a requirement that you complete DUI school which typically involves completion of Level Two DUI School includes substance abuse evaluation and any recommended follow-up treatment;
• Mandatory Ignition Interlock Device: The court must impose a requirement that you install the ignition interlock device for at least twelve (12) months after serving any period of incarceration or twenty-four (24) months if the alcohol reading is .15 or over.

Back to Top

Possible Defenses for a Second DUI Charge in FL

The right defense for a DUI charge is unique to the case and the defendant’s situation. Thankfully, there are various defense strategies a skilled attorney can utilize to fight your driving under the influence charges. Finding a DUI lawyer that has a thorough understanding of these defenses and more are critical to protecting your rights and future.

Some possible DUI defenses your attorney could pursue include:

• Proving actual physical control: You need to be in actual physical control of a vehicle while intoxicated to be charged with DUI. If your lawyer can prove that you weren’t in physical actual control, your charges will be dismissed.
• Lack of probable cause: Law enforcement must have probable cause to halt, impede or detain a driver. Without sufficient evidence of that, then your case may be dismissed.
• Implied consent warnings: Police officers are obligated to warn you of the penalties of declining a DUI test or taking one. If they don’t, this could affect your license suspension and your test results admissibility.
• Not under the influence: Many times, it’s the officer’s interpretations and view of drunkenness that gets a person arrested. If your attorney can prove you were not under the influence, then your case will be dismissed or charges reduced.
• Blood alcohol concentration: DUI chemical testing has a range of possible complications that could affect your results. If your attorney can prove why your results are dubious or false, then you may have your case reduced or dismissed.
• Testing during the absorptive phase: Blood, breath or urine tests are defection if they are done while you are absorbing alcohol. It can take up to three hours to complete absorption. An attorney can prove your BAC result isn’t correct and cast doubt on the prosecution’s case.

Back to Top

Additional Resources 

Florida DUI Jury Instructions Ch. 28 – Visit the Standard Jury Instructions for Criminal Cases and learn the guidelines the jury must follow during a second DUI case. See the elements of the crime, defenses, and various penalties associated with driving under the influence.

DUI Legislation Signed by Governor Bush – Visit the website for the Florida Highway Safety and Motor Vehicle (FLHSMV) to read an article depicting Governor Jeb Bush’s approval of a bill for DUI-enhanced penalties 10 years ago. See the punishment that follows if a driver refuses to take a field sobriety test, repeat DUI offender penalties, and IID installations.

Frequently Asked Questions

How long after a first DUI can I get a second DUI in Florida?

There’s no specific time frame. However, suppose your second DUI occurs within five years of your first. In that case, you’ll face harsher penalties, including a mandatory minimum 10-day jail sentence and a potential license revocation of up to five years.

Can I get a hardship license after a second DUI?

Getting a hardship license after a second DUI is more complicated. You’ll need to wait at least one year after your license revocation period ends and demonstrate a genuine need to drive for work, school, or medical purposes.

What are some possible defenses for a second DUI charge?

Potential defenses may include challenging the legality of the traffic stop, questioning the accuracy of the breathalyzer or blood test, or arguing that you weren’t impaired. An experienced DUI attorney can evaluate your case and determine the best defense strategies.

Will a second DUI affect my job or future employment?

A second DUI conviction can have serious consequences for your employment prospects. Many employers conduct background checks and may be hesitant to hire someone with multiple DUI convictions. It can also impact your ability to obtain professional licenses or security clearances.

Is it worth fighting a second DUI charge?

Absolutely. The potential consequences of a second DUI are severe, and it’s crucial to have a skilled attorney fighting for your rights. An attorney can help you navigate the legal process, challenge the evidence against you, and work to minimize the impact on your life.

If you’re facing a second DUI charge in Florida, don’t hesitate to seek legal assistance. Contact a qualified DUI attorney today to discuss your case and protect your future.