What Are the Penalties For Second DUI In Florida?

A first DUI in Florida is a serious charge, but a second DUI in Florida is even worse, and carries harsher penalties, especially if it occurs within five years after the first arrest.

We think it’s important for you to understand what kind of fines and penalties you will face for that second DUI arrest, which can help you avoid getting into that situation.

Penalties For Second DUI Conviction That’s Within Five Years of the First 

The penalties for a second DUI conviction that occurs within five years of the first DUI include:

• Jail Time – 10-day minimum in county jail, and up to nine months, based on a judge’s discretion.
• Fines – If you had a blood-alcohol content (BAC) less than .15, your fine will be $1,000 to $2,000. If your BAC was more than .15, the fine is $2000 to $4,000.
• Probation – Maximum of one year
• Impoundment – One month, but a judge can waive it if you need your car to go to work
• Community Service – 50 hours
• Driver’s License Suspension – Five-year minimum. After one year, you can apply for a hardship license that lets you drive to and from work.
• Ignition Interlock Device (IID) – One-year mandatory installation of IID, which analyzes your breath before allowing your car’s engine to start.
• DUI School – Completion of 21-hour course 

Penalties For Second DUI Conviction More Than Five Years After the First 

The penalties for a second DUI conviction that occurs more than five years after the first DUI include:

• Jail Time – No minimum, but maximum of nine months, so sentence is based on judge’s discretion.
• Fines – If you had a BAC of less than .15, the fine is $500 to $1,000. If your BAC was more than .15, the fine is $1,000 to $2,000.
• Probation – Maximum of one year.
• Impoundment – 10 days, but a judge can waive it if you need your car to go to work
• Community Service – 50 hours
• Driver’s License Suspension – Six months to one year
• Ignition Interlock Device (IID) – Mandatory installation of IID for one year.
• DUI School – Completion of 21-hour course

It’s important to remember that your fines and penalties will increase if you are charged with what is known as ‘DUI causing injury,’ which means that you caused bodily injury to another person due to your impairment.

Protecting Your Rights After a DUI Arrest 

A second DUI arrest can land you in jail for a few months or more, and that’s especially true if you don’t hire the right lawyer to protect your rights. The penalties for a second DUI in Florida are more severe than for a first DUI, and if you had a minor in the vehicle at the time of your arrest, the penalties will increase.

For more than 26 years , the Law Office of Paul J. Donnelly, P.A., has defended clients in misdemeanor and federal criminal cases, including DUIs. It’s important for you to call us as soon as you are arrested for your second DUI, so that we can immediately start your defense, including ensuring that your arrest was lawful. Please call us today at 305-757-3331 to schedule your consultation.

Additional Reading

Common Miami Holiday Arrests

Your Rights After You Are Arrested