Facing second-time DUI charges in South Florida can be challenging, as you’ve overcome the battle once already, but a second-DUI allegation can make one feel defeated. If you are facing DUI charges for the second time after previously having been convicted, the penalties you might face this time will be much harsher than those associated with your first offense. Unlike DUI charges for people who have never faced allegations of this nature before, second-time offenders will be required to serve at least some jail time if convicted, on top of facing much higher fines and much longer-lasting administrative sanctions.
Second-time DUI in South Florida is not something you should try to deal with alone. Our award-winning DUI defense team at Rossen Law Firm is prepared to help.
Under Florida Statutes §316.193, a person convicted a second time of driving drunk—either based on a blood alcohol concentration above 0.08 percent or general impairment in the eyes of an arresting police officer—may face a maximum jail term of nine months, as opposed to the six-month maximum term applicable for a first-time offender. If a second-time offender is arrested with a BAC over 0.15 BAC or with a minor in the car with them, their maximum jail term may reach one year in length.
Additionally, a mandatory minimum 10-day jail term must be assessed by the court upon conviction for a second DUI in Fort Lauderdale within a five-year period, with at least 48 hours to be served consecutively. The same one-year mandatory probation term that applies to first-time offenders also applies to second-time offenders.
A second-time DUI conviction in South Florida usually leaves you with a required fine between $1,000 and $2,000. As with jail terms, though, applicable fines for second-time DUI increase if your BAC was over 0.15 or you had a minor in the car. In these situations, the range for fines upon conviction would be from $2,000 to $4,000.
A Second DUI conviction is a second-degree misdemeanor. A DUI second-degree misdemeanor carries consequences of up to 9 months in jail and fines between $1,000 and $2,000. There is no minimum jail time if the arrest was 5 years or more after your first DUI conviction. A second DUI offense can lead to your license being revoked for a minimum of five years. You also cannot apply for hardship reinstatement of your license until at least one year has passed after conviction. You also must complete DUI school and stay in good standing with the state’s DUI supervision program for the remainder of the original five-year term.
On top of that, second-time offenders convicted of driving drunk with a BAC over 0.15 percent must have an ignition interlock device installed for anywhere from one to two years after conviction. You are also subject to vehicle impoundment or immobilization for 30 days after serving any jail time.
It is worth emphasizing that the penalties listed above only apply to DUI convictions where the defendant did not cause any physical injury or property damage through their drunk driving. Under these circumstances, even harsher penalties can apply, which may rise to the level of a felony offense.
At Rossen Law Firm, we understand that mistakes happen. We believe in fighting for your future and giving you the second chance you deserve. To get started on your defense for a second-time DUI in Fort Lauderdale, contact us today.
Rossen Law Firm’s legal team understands what’s at stake when you’re charged with a crime in South Florida. We’re committed to defending you and protecting your rights. Our legal team is ready to create a customized strategy for your case to fight for the best possible outcome. We handle Criminal, DUI, Federal, Domestic Violence, Marchman Act & Baker Act cases, and more.
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