What are the Penalties for a 2nd DUI in Florida?
Driving under the influence (DUI) is a serious offense in Florida, and the penalties for a second DUI conviction can be severe. As a West Palm Beach DUI Attorney, I understand the complexities of the legal system and the importance of providing accurate information to those facing a second DUI charge.
It is crucial to be aware of the potential consequences of a second DUI conviction, as they can significantly impact your life. Let’s explore the penalties associated with a DUI conviction in Florida, focusing on the 2nd DUI penalties.
Important Tips on 2nd DUI Penalties in Florida
· Increased fines and penalties
· Mandatory ignition interlock device installation
· Possible vehicle impoundment
· License suspension or revocation
How Can My Experience as a West Palm Beach DUI Attorney Help You?
I have successfully represented clients facing 2nd DUI penalties and have a deep understanding of the Florida legal system. With my knowledge and experience, I can help you navigate the complexities of your case, ensuring that your rights are protected and that you receive the best possible outcome.
What are the Fines and Penalties for a 2nd DUI in Florida?
Florida law imposes strict penalties for a second DUI conviction. These penalties include:
· Fines ranging from $1,000 to $4,000, depending on the circumstances of the case and the blood alcohol content (BAC) level. (Florida Statute 316.193)
· Up to nine months in jail, or up to 12 months if the BAC level was 0.15 or higher or if a minor was in the vehicle. (Florida Statute 316.193)
· License suspension for a minimum of 180 days up to one year. (Florida Statute 322.28)
What are the Consequences of a 2nd DUI Conviction on Your Driving Privileges?
A second DUI conviction in Florida can have a significant impact on your driving privileges. Consequences include:
· License suspension for a minimum of 180 days up to one year. (Florida Statute 322.28)
· Mandatory installation of an ignition interlock device for at least one year. (Florida Statute 316.193)
· Possible vehicle impoundment for up to 30 days. (Florida Statute 316.193)
Hypothetical Case: John’s 2nd DUI Conviction
John, a Florida resident, was pulled over for erratic driving and subsequently arrested for DUI. This was John’s second DUI arrest within five years. At the time of the arrest, John’s BAC was 0.16, and he had a minor in the vehicle. Due to the circumstances of his case, John faced increased penalties for his second DUI conviction.
As a result of his conviction, John was sentenced to six months in jail, fined $2,500, had his license suspended for one year, and was required to install an ignition interlock device on his vehicle for two years. Additionally, John’s vehicle was impounded for 30 days.
Key Takeaways on 2nd DUI Penalties in Florida
· Increased fines and penalties
· Mandatory ignition interlock device installation
· Possible vehicle impoundment
· License suspension or revocation
FAQs on 2nd DUI Penalties in Florida
1. What is the legal BAC limit in Florida?
The legal blood alcohol content (BAC) limit in Florida is 0.08 for drivers aged 21 and older. For drivers under the age of 21, the legal limit is 0.02.
2. Can I refuse a breathalyzer test in Florida?
While you have the right to refuse a breathalyzer test in Florida, doing so can result in an automatic license suspension for one year for a first refusal and 18 months for a second or subsequent refusal. (Florida Statute 316.1932)
3. What is the “lookback” period for DUI convictions in Florida?
Florida has a five-year “lookback” period for DUI convictions. This means that if you are convicted of a second DUI within five years of your first conviction, the penalties will be more severe.
4. Can I apply for a hardship license after a 2nd DUI conviction?
After a second DUI conviction, you may be eligible to apply for a hardship license, which allows you to drive for specific purposes, such as work or school. However, you must complete a DUI education program and meet other requirements before being eligible. (Florida Statute 322.271)
5. Can a 2nd DUI conviction be expunged from my record?
In Florida, a DUI conviction cannot be expunged from your record. However, if your case was dismissed or you were found not guilty, you may be eligible for expungement. (Florida Statute 943.0585)
6. How long will a 2nd DUI conviction stay on my record?
In Florida, a DUI conviction remains on your driving record for 75 years. However, it will only be considered a prior offense for sentencing purposes within the five-year “lookback” period.
7. Can I be charged with a felony for a 2nd DUI in Florida?
A second DUI conviction in Florida is typically a misdemeanor. However, if you cause serious bodily injury or death while driving under the influence, you may be charged with a felony. (Florida Statute 316.193)
For more information in Florida, please read our blog post on 2nd DUI penalties.
Disclaimer: LeRoy Law tries to ensure the accuracy of this article. However, Florida Statutes change, case law changes, and as such, errors may occur. LeRoy Law assumes no responsibility for any errors or omissions in this article. LeRoy Law encourages you to utilize our links to relevant Florida Statutes. Contact my office at [561–290–2730] if you have any questions or require legal assistance.
