The Consequences and Legal Options for a Second DUI in Florida

Getting arrested for DUI in Florida is a serious matter, but a second DUI conviction carries even more severe penalties. Florida law imposes harsher consequences for repeat offenses, including longer license suspensions, higher fines, mandatory jail time, and stricter probation terms. If you’re facing a second DUI charge, it’s important to understand what’s at stake and what legal options you may have.

What Is a Second DUI Offense in Florida?

Under Florida Statutes § 316.193, a person commits the offense of driving under the influence (DUI) if they operate a vehicle while:

  • Having a blood alcohol concentration (BAC) of 0.08% or higher, or
  • Being under the influence of alcohol, controlled substances, or chemical substances to the extent that their normal faculties are impaired.

A second DUI offense occurs when a person is convicted of DUI for the second time within a specified period, and the penalties depend on whether the second offense happens within five years of the first conviction.

Penalties for a Second DUI Conviction in Florida

The penalties for a second DUI conviction depend on how much time has passed since the first offense.

Second DUI Within Five Years of the First Offense

If your second DUI occurs within five years of the first conviction, Florida law requires mandatory minimum penalties, including:

  • Jail time: At least 10 days in jail, with at least 48 hours of consecutive confinement. The maximum sentence is nine months unless aggravating factors apply.
  • License revocation: Minimum of five years with no option for a hardship license for at least one year.
  • Fines: Between $1,000 and $2,000. If your BAC was 0.15% or higher or a minor was in the vehicle, fines increase to $2,000 to $4,000.
  • Ignition interlock device (IID): Mandatory installation of an IID for at least one year, or two years if BAC was 0.15% or higher.
  • Vehicle impoundment: Mandatory 30-day impoundment of your vehicle.
  • Probation and community service: Up to one year of probation and at least 50 hours of community service.

Second DUI More Than Five Years After the First Offense

If your second DUI occurs more than five years after your first conviction, the penalties are slightly less severe:

  • Jail time: Up to nine months in jail. If BAC was 0.15% or higher, the maximum is one year.
  • License revocation: Minimum of six months, but no mandatory five-year revocation.
  • Fines: Between $1,000 and $2,000, or $2,000 to $4,000 for a BAC of 0.15% or higher.
  • Ignition interlock device: Mandatory for at least one year.

How a Second DUI Affects Your Driver’s License

After a second DUI conviction, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) will revoke your license. The length of the suspension depends on whether the second offense occurred within five years of the first conviction.

Hardship License Eligibility

  • If the second DUI is within five years, you must wait one year before applying for a hardship license.
  • If the second DUI is more than five years later, you may be eligible for a hardship license after completing DUI school.

To apply for a hardship license, you must:

  1. Enroll in a DUI education program and complete any required treatment.
  2. Provide proof of completion of DUI school to the DHSMV.
  3. Attend a hearing with the DHSMV to demonstrate why you need a hardship license for work or other essential purposes.

Aggravating Factors That Increase DUI Penalties

Certain factors can increase the penalties for a second DUI conviction, including:

  • BAC of 0.15% or Higher: Fines and jail time increase if your BAC was significantly over the legal limit.
  • DUI with a Minor in the Car: Stricter penalties apply if a child was in the vehicle at the time of arrest.
  • Causing an Accident or Injuries: If the DUI resulted in property damage, injury, or death, penalties could escalate to felony charges.

Defenses Against a Second DUI Charge in Florida

Although a second DUI charge carries harsh penalties, there are several ways to challenge the case.

Challenging the Traffic Stop

Under Florida law, an officer must have reasonable suspicion to stop a driver. If there was no valid reason for the stop, any evidence gathered may be inadmissible.

Questioning Field Sobriety Tests

Field sobriety tests are not always accurate. Factors such as uneven pavement, medical conditions, and officer bias can impact test results.

Challenging the Breath or Blood Test

Breathalyzers must be calibrated and maintained correctly. Errors in testing, improper administration, or rising BAC defenses can all be used to challenge chemical test results.

Lack of Probable Cause for Arrest

If the arresting officer did not have probable cause to believe you were impaired, the case may be challenged on constitutional grounds.

Why You Need Legal Representation for a Second DUI

A second DUI conviction in Florida carries serious consequences that can impact your freedom, finances, and future. The prosecution will likely push for the maximum penalties, especially if your second offense falls within five years of your first conviction.

A strong defense strategy can help reduce charges, challenge the evidence, or even result in a case dismissal. Working with an experienced DUI defense lawyer can make a significant difference in the outcome of your case.

Second DUI Penalties in Florida FAQs

What are the penalties for a second DUI in Florida?
A second DUI conviction includes a jail sentence of up to nine months, fines between $1,000 and $4,000, and a license suspension of at least six months. If the second offense happens within five years, there is a mandatory five-year license revocation and at least 10 days of jail time.

Can I get a hardship license after a second DUI in Florida?
If your second DUI happened within five years of the first offense, you must wait one year before applying for a hardship license. If it happened more than five years later, you may be eligible for a hardship license after completing DUI school.

Will I have to install an ignition interlock device after a second DUI?
Yes. Florida law requires a mandatory ignition interlock device (IID) for at least one year after a second DUI conviction. If your BAC was 0.15% or higher, the IID requirement increases to two years.

Can a second DUI be reduced to reckless driving?
It is possible to negotiate a reduction to reckless driving, but this depends on the evidence and circumstances of the case. A skilled DUI lawyer can work to challenge the prosecution’s case and push for a reduced charge.

How long does a second DUI stay on my record in Florida?
A DUI conviction remains on your criminal record permanently in Florida. Unlike other offenses, DUI convictions cannot be expunged or sealed.

Will I go to jail for a second DUI in Florida?
If the second DUI occurs within five years of the first conviction, there is a mandatory minimum of 10 days in jail. The maximum possible sentence is nine months, or one year if aggravating factors apply.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.