2nd DUI in Florida

Getting arrested for driving under the influence can be a nerve-racking event. Now, getting arrested for your second DUI, that’s a whole different story. As a general rule of thumb, the sentencing and penalties for crimes get worse with each subsequent offense, and DUI is NO exception.

If you’ve been convicted of DUI in Florida before, you’ve already been through the wringer. So understandably, you’re going to want to fight your DUI charges.

In the face of a second DUI, here are the penalties that you are up against:

·         Fines ranging between $1,000 and $2,000.

·         If your blood alcohol level (BAL) was 0.15% or higher or if you had a minor in the vehicle, you face up to $4,000 in fines.

·         Up to 9 months behind bars.

·         With a BAL of 0.15% or above, or a minor in your vehicle, you could be sent to jail for up to 12 months.

·         30 days vehicle impoundment.

·         License revocation for a minimum of 5 years (if this was your second DUI within 5 years). However, you may be eligible for a hardship reinstatement after one year.

·         If it’s been more than 5 years since your first DUI, your license will be revoked for 180 days to 1 year.

·         If you are a commercial driver’s license holder, you will be permanently disqualified from driving commercial vehicles.

·         You are required to complete DUI School (second DUI within 5 years).

·         You will be required to install an Ignition Interlock Device (IID) for at least one year.

When does it become a felony DUI?

Generally, first and second DUIs are misdemeanors. If an intoxicated driver caused personal injuryor property damage to another, they are guilty of a first degree misdemeanor, punishable by up to a $1,000 fine and up to one year in jail.

On the other hand, whenever someone is convicted of a third DUI within 10 years, he or she is guilty of a third degree felony, punishable by a fine not to exceed $5,000 and/or 5 years in prison.

Are you facing charges for a second DUI in Miami? Don’t hesitate to contact my firm, Jonathan Blecher, P.A. for a free case evaluation. As a former prosecutor with over 30 years of DUI defense experience, I have what it takes to defend you!

Can I Get a Hardship License After a 2nd DUI?

Were you arrested for your second DUI offense in Miami? Let’s say it’s been less than five years since your first DUI, and now you’re facing a five year license revocation. Are you eligible for any type of license before the five years are up?

When a person is given a five year suspension for a 2nd DUI within five years, they can apply for a hardship/business purposes license after one year has passed.

So, if it’s been more than one year into your five-year suspension period, you may be eligible for a business permit, assuming you haven’t been charged with any driving-related offenses since the five-year suspension took effect.

If that’s the case, you may be allowed to participate in the “reinstatement program,” a costly program, which involves monthly monitoring by the DHSMV, or by a program of their choice.

Even if you’re at least one year into your five-year license suspension, it doesn’t mean that you’ll automatically be granted a hardship license, but it does mean that you are eligible to apply under your DUI suspension.

To be eligible for a hardship license, you must meet the following criteria:

• If referred, you must complete DUI school and treatment.
• You must have a favorable recommendation from the Special Supervision Services Program.
• You must stay in the Special Supervision Services Program for the duration of your revocation in order to keep your hardship license. 

If you receive a hardship license, you must complete the required examination, pay an administrative and revocation reinstatement fee, and any license fee required.

Ignition Interlock Device (IID) Requirement

Florida law states that certain persons convicted of DUI are required to install ignition interlock devices (IIDs) on their vehicles. Under Sec. 322.271, F.S., anyone convicted of DUI who applies for a restricted license for work or business purposes is required to install an IID.

If you are facing charges for a second DUI offense in Miami-Dade County, reach out to my firm to work with a Miami DUI lawyer who is selected to Florida’s Super Lawyers®,AV® Rated by Martindale-Hubbell®, and a proud member of the National College for DUI Defense!

Click here to request your free case evaluation! 

2nd DUI in Miami

Are you looking for an attorney for a 1st DUI offense in Miami? I will deliver world-class DUI defense representation from a lawyer with a long track record for successful case results. I have devoted my career to the field of DUI defense, and I am very passionate about helping the criminally accused so they have the opportunity to effectively challenge their DUI charges in court.

If this is your first DUI, you are likely curious about what you are up against, and reasonably so. DUI charges are no joke, a conviction can have life-altering consequences. Since most people who are arrested for DUI are normally law-abiding citizens with a lot to lose, I have made it my life’s work to help defendants in every way possible. This way, they can put this in the past and move on to the next chapter in their lives.

The following are the DUI penalties for a first DUI offense in Florida:

• Up to $1,000 in fines, plus court costs
• Mandatory 50 hours of community service, or fine of $10 for each hours of community service required
• Up to 9 months in jail
• 10 days vehicle impoundment
• Maximum 1 year license revocation
• Must complete DUI school

Under § 316.193, F.S., DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances, or Controlled Substances), you cannot drive with a blood alcohol level of 0.08% or above. In Florida, commercial drivers cannot drive with a BAL of 0.04% or above, and drivers under the age of 21 cannot drive with a BAL of 0.02% or above.

If you are convicted of DUI for a first offense and your BAL was 0.15%, or if you had a minor in your vehicle, you will be required to have an ignition interlock device (IID) installed in your vehicle for at least six (6) months.

Lawyer for a 1st DUI in Miami

Florida has some of the toughest DUI laws in the United States; therefore, your choice of attorney for a 1st DUI in Miami is critical to the success of your case.

Here are just a few reasons why clients choose to work with my firm:

• I have over 30 years of experience in DUI defense.
• I have successfully defended over 3,000 DUI cases.
• I am a proud member of the National College for DUI Defense.
• I am AV Preeminent® Rated by Martindale-Hubbell®.

You do not have to be alone in this fight. I urge you to contact me today to schedule a free, initial consultation. I can be reached at (305) 707-0036.