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DUI Lawyer in Clearwater Explains 2nd DUI Penalties & Punishments Under Florida Law

Getting arrested for DUI can happen to literally anyone. Michael Phelps, arguably the greatest Olympic athlete in American history just got his second DUI. While Phelps’s arrest occurred in Baltimore, getting arrested in Florida for a second DUI carries some harsh penalties.

The lowest possible sentence when facing a second DUI conviction in Florida is dependent upon whether that second DUI arrest falls within or after the first five years of an earlier DUI conviction.

Second (2nd) DUI Penalties and Punishments Under Florida Law

The DUI statute in Florida is $316.193, which sets out the minimum punishments for a second DUI outside of five years:

Jail time for a second DUI conviction cannot exceed 9 months unless the breath or blood alcohol level was 0.15 or above, in which case the court can impose imprisonment of up to 12 months. If a second arrest for DUI occurs within 5 years of an earlier DUI conviction, then you must serve a minimum of 10 days in jail, 48 hours of which must be consecutive.

Probation for a second DUI conviction cannot go beyond one year.

Community Service for a second DUI conviction is usually 50 hours, but oftentimes the court will allow you to “buy out” the community service at a rate of $10/hour. Some judges will only allow you to “buy out” half of the hours.

Fines of $1,000 minimum and a maximum of $2,000 are the norm for a second DUI conviction. If you blew over a 0.15 or had a minor in the vehicle, the penalty can be increased to include a larger fine that is not less than $2,000, or a maximum of $4,000.

A 30-day Immobilization or Impoundment of your vehicle is mandatory for a second DUI conviction that occurs within a five-year span from the first arrest, which cannot be imposed during time of incarceration. The impound period drops to 10 days if the prior DUI conviction happened more than five years before the second DUI arrest. The court shall also dismiss the order of impoundment or immobilization of the vehicle if the court finds that the family of the owner of the vehicle has no other private or public means of transportation. The judge may dismiss the order of impoundment of the vehicle owned by the defendant if it is driven solely by other employees of a business owned by the defendant.

DUI School & Treatment is mandatory for a second DUI arrest. You will have to complete Level II DUI School and follow through with any recommended treatment. This is also a requirement to get your license reinstated.

Reinstating Your Driver’s License After a Second Florida DUI Conviction

A drivers’ license will be revoked by the courts for a minimum of six months or a maximum of one year upon entering of the plea if you are convicted of a second DUI in Florida that occurs after five years of the first DUI conviction. You cannot reinstate early for hardship. The full revocation period must be served before requesting driver license reinstatement.

A second DUI arrest occurring within a five-year time period of the first DUI conviction will result in the drivers’ license being revoked for a minimum of five years. You may apply for a hardship license at the Administrative Reviews Office after serving one year without a license from the effective date of revocation. When you apply for reinstatement of your driving privileges you will need to show proof that you completed DUI school and any recommended treatment.

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