Florida Second DUI Offense
Florida law separates the second offense of driving under the influence (DUI) into two categories, depending on whether the second offense took place less than or more than five years after the first. If the second DUI takes place within the five-year window, the penalties for the charge can be much more severe. If you have been charged with a second DUI offense, it is important to have an experienced DUI attorney by your side that can fight for your rights and protect you from the consequences of the second DUI penalties.
Second Offense Penalties
If you are charged with a second offense DUI, it is considered a misdemeanor crime. A second offense that occurs more than five years after the first DUI will result in mandatory fines, imprisonment, license revocation, DUI School, and the installation of an ignition interlock device.
If the second DUI offense took place within five years of the first DUI charge or if the BAC is 0.15 or higher, the second DUI is considered enhanced. An enhanced second DUI comes with increased fines and jail time, in addition to other mandatory penalties.
Second Offense Fines
The court will impose a fine between $1,000 and $2,000 for a second DUI. An enhanced second DUI for a BAC that is 0.15 or higher comes with fines not less than $2,000 and as high as $4,000.
Second Offense Imprisonment
For a second DUI, the jail term can be as much as nine months. If the DUI is enhanced because it took place within five years of the first offense, a mandatory minimum of 10 days in jail is required. Additionally, 48 hours of the sentence must be served consecutively. If the DUI is enhanced because the BAC is 0.15 or higher, the jail sentence can be as long as 12 months.
Second Offense License Revocation
The court imposes a minimum 180 day revocation of the driver’s license for a second DUI offense, and this can be increased to as long as a year. If the second DUI is enhanced because it took place within five years of the previous charge, the court can revoke a driver’s license for up to five years. The license cannot be reinstated after a second offense until after DUI School is completed.
Second Offense DUI School
Level I IDUI School is required for anyone convicted of a second DUI offense. This program entails 21 hours of instruction, lectures, class discussion, handouts, and videos. In addition, a psychosocial evaluation interview is conducted at the end of the class in order to determine whether additional treatment is necessary.
Second Offense Ignition Interlock Device
The court requires the mandatory installation of an ignition interlock device for a minimum of one year for a second DUI. The device requires that the driver blow into it in order to check the driver’s BAC before the vehicle’s engine will start.
Second Offense Enhanced DUI Additional Penalties
If the second DUI occurs within five years of the first offense, the court will impound all vehicles owned by the offender for at least 30 days. Additionally, probation can be imposed for up to one year.
Contact a Florida DUI Attorney to Help You with Your Case
The consequences of a second DUI offense can have a direct impact on your personal and professional life. If you or someone that you know has been charged with their second DUI in the Miami or greater Florida area, let The Law Office of Julia Kefalinos help. Call or contact the office today for a confidential consultation of your case. We are here to help you in whatever way we can.
In Florida, If you’re convicted of a 2nd DUI, you could face some harsh penalties, including a fine of up to $2,000 and jail time of up to nine months. If your blood alcohol level was .15 or higher or if a minor was in your car, you could also be sentenced to up to 12 months in prison.Florida's DUI laws are fairly stringent and these laws get progressively tougher the more one person offends. Being found guilty of a second DUI comes with a more expensive fine and/or potentially more prison time than a first offense.
If you’re facing a 2nd DUI conviction in Florida, you need to understand the severity of the situation and prepare yourself for jail time and fines.
Jerry
, the driving expert and freecar insurance
comparison tool, can guide you through the aftermath of a 2nd offense DUI in Florida. We’ll also go over some options for finding lowerFlorida car insurance costs
despite a spotty driving record.MORE:
The Florida financial responsibility law, explained
What is a 2nd offense DUI in Florida?
A 2nd offense DUI in Florida simply means that you are being charged with a DUI while one is already on your record.
According to Florida law, driving under the influence (
DUI
) of alcoholic beverages, controlled substances, or chemical substances is a major offense. It requires evidence of impairment of normal faculties, unlawful blood alcohol, or breath alcohol level of a minimum of .08. It doesn’t matter how the offense is proven—upon conviction, the penalties are the same.Florida DUI laws are very strict. In Florida, a DUI will stay on your driving record for 75 years. That might seem tough, but considering how many people each year are injured and killed by impaired drivers, it’s more than fair.
Key Takeaway In Florida, if you already have a DUI on your record and you are found to be driving with impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or higher, you could be charged with a 2nd offense.
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Find insurance savings (100% Free)What is the punishment for a 2nd DUI in Florida?
A second DUI conviction in Florida can result in a fine of at least $1,000 and up to $2,000. You can also receive a prison sentence of up to nine months—unless you had a blood alcohol level of .15 or higher or a minor was in the vehicle. In that case, you’ll face up to 12 months in jail.
The court can decide if part of your sentence can be served as a patient at an alcoholism or drug abuse treatment program and if the time served there will be credited toward your prison sentence.
A second DUI conviction could also have some additional penalties sentenced by the court. Some of these penalties include:
Community Service—usually in the neighborhood of 50 hours.
Probation—requires a total period of probation and incarceration that can not exceed 12 months. If a defendant isn’t sentenced to any jail time, the court could impose 12 months of probation.
Immobilization or impoundment of your vehicle—30 days, mandatory for a second DUI conviction within five years. This can not happen concurrently with imprisonment. If the second DUI happened outside of five years, the period of impoundment is reduced to only 10 days.
MORE:
How to get a suspended license reinstated
All of this is up to a court’s discretion. For some offenders, a judge might view community service, house arrest, or rehab as a more suitable punishment. Other offenders might be viewed as needing a harsher sentence.
There are aggravating factors that can lengthen a jail sentence or increase the fine for a 2nd DUI, including:
A DUI where you caused property damage or personal injury to another person could see the charge upgraded to a first-degree misdemeanor.
You could face stiffer penalties for a DUI that involved a crash that resulted in serious bodily injury.
If you are convicted of a third DUI within ten years of a prior conviction or a fourth or subsequent DUI, you could be charged with a third-degree felony.
If your charge is for vehicular homicide, it could be upgraded to a second-degree felony.
If your charge is for DUI manslaughter/leaving the scene, it could be upgraded to a first-degree felony.
To learn more about the penalties for a 2nd DUI, see section
316.193 of the Florida Statutes
.Key Takeaway A second DUI conviction in Florida includes a fine of at least $1,000 and up to $2,000, plus a prison sentence of up to six months. If you have a blood alcohol level of .15 or higher or a minor was in the vehicle, your jail time can be up to 12 months.
How much does a 2nd DUI in Florida cost in the long run?
The first stage of being accountable for a 2nd DUI in Florida means serving whatever sentence the court delivers. Once that’s done, you’re not exactly in the clear, though. You might still have to deal with probation, fines, DUI school, having your
license suspended
and higher insurance premiums and rates.A 2nd offense DUI in Florida could cost you around $10,000 when all is said and done.
Let’s break down some of these costs.
MORE:
Driving without a license: What are the penalties?
Fees, penalty assessments, and DUI school
A fine for a 2nd DUI can cost you between $1,000 and $2,000, but with fees, your fine will be much higher. You might also be responsible for enrolling in a DUI school, which typically costs between $260 and $290.
Alternative transportation
A lot of people forget to factor in the cost of getting around once they are not allowed to drive legally. You will have to pay for cabs, ride-share services, and public transportation, all of which add up pretty fast.
Increased car insurance costs
Post-conviction, your car insurance premium could go up around 80%, which is the average. This means you’ll be paying a lot more to meet
Florida’s car insurance laws
. And the elevated rates you face won't be going down anytime soon.MORE:
The traffic tickets that have the greatest effect on your car insurance rates
How to avoid jail time for a 2nd DUI in Florida
One way to limit or even avoid
landing yourself in jail
is to hire a defense attorney. Most defense attorneys are skilled at getting a prison sentence lowered or even thrown out in exchange for something else.Your best bet might be to plea bargain with the help of your defense attorney, especially considering that Florida does not prohibit plea bargaining in DUI cases. That said, plea bargaining is not allowed in cases where the driver's blood alcohol concentration was .15% or higher or where injuries, fatalities, or property damage were involved.
If you were convicted of a reckless driving offense—where drugs or alcohol played a role alongside another reckless driving penalty—you will be required to complete a DUI substance abuse education course and evaluation.
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Open container laws in Florida
How to find affordable car insurance in Florida after a 2nd DUI
Assuming you get your driver’s license back, you need to prepare yourself for a serious hike in your car insurance premiums and rates.
Insurance companies label a driver with a DUI as “high-risk.” Repeat offenders are seen as even riskier—and, remember, in Florida, these charges will stick on your record for 75 years. You will never qualify for lower rates on your own. You need help. You need
Jerry
—the best app to save on car insurance after a DUI.Jerry’s only job is to find you the best
car insurance
coverage at the lowest possible rate. By working with 55+ providers, including many based in Florida, Jerry will find you a policy that doesn’t fully reflect your past mistakes.Users save an average of over $800 a year on car insurance.
“I saw an ad for
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Find insurance savings (100% Free)FAQs
Is a 2nd DUI a felony in Florida?
+
No. Florida considers a 2nd DUI felony a misdemeanor.
Is jail time mandatory for 2nd DUI in Florida?
+
Technically, yes, but there are options like plea bargaining, going to a rehab facility, probation, and community service, among others.
FloridaDUIState Laws
Rob Shapiro is an insurance writer. He is also a novelist, TV writer, and copywriter. As a copywriter, he has written TV commercials, ads, websites, and articles for many leading North American brands and agencies. His first car was a Chrysler Neon.