The State of Florida has very strong laws regarding DUI offenses. A first time DUI is bad enough. If you have more than one it can be very serious. The more offenses you have the stronger the penalties. If you have been arrested in Tampa and accused of a 2nd DUI you will need a strong defense team supporting you. The attorneys of Finebloom, Haenel & Higgins can help build a strong defense for you.
Second Time Categories
There are two different categories for a 2nd DUI arrest. They are a “2nd DUI” and a “2nd within 5.”
“2nd DUI”
If it has been more than five years since your last DUI arrest, and it is the second time ever being arrested in any state for DUI, then your charge will be a 2nd DUI.
- Jail
The maximum jail sentence is nine months.
If it is your second offense and the blow is over a 0.15 it is one year. - Fines
The minimum fine for a second DUI is $1000.
If the blow was over a 0.15 the minimum fine is increased to $2000. - Ignition Interlock
An ignition interlock is required for a second DUI.
If it is a second outside of five then the ignition interlock period is a minimum of one year - License Suspension and Vehicle Impound
For a second DUI outside of five, your license is suspended for a minimum of six months. There is also a 30 day impoundment of your vehicle.
“2nd within 5”
If your second arrest for DUI occurs within 5 years of the first, it is considered a “2nd within 5.” The penalties for a 2nd within 5 are much harsher than those of a regular DUI.
- Jail
o If it is a second within five, there is a minimum mandatory sentence of 10 days in the county jail. This is mandatory!! That means the judge has no discretion. You MUST serve at least 10 days in jail.
o The maximum sentence depends on the blow. For a blow under.15 or less, the maximum sentence is nine months. For a blow of .15 or above the maximum sentence is one year. - Fine
If the offense is a second within five then the minimum fine is $2000 regardless of the blow. - Ignition Interlock
If it is a 2nd within 5, then the ignition interlock will be ordered for at least two years. - License Suspension and Vehicle Impound
A 2nd within 5 has a MANDATORY license suspension of FIVE YEARS! Your vehicle will be impounded for a period of 90 days.
Additional Sanctions for Both Charges
For either DUI charge, you will be placed on 12 months of probation to complete Advanced DUI School through DUI Counterattack, Hillsborough, Inc. As part of the DUI school you will be ordered to undergo a substance abuse evaluation. You will also have to undergo any recommended treatment ordered through the evaluation.
The court may impose other sanctions such as community service, AA meetings, or residential treatment. You may also be required to attend a victim impact panel.
With all of the penalties and expenses associated with a 2nd DUI you cannot afford to be unprepared. Let the attorneys of Finebloom, Haenel & Higgins represent and defend you. We have defended hundreds of DUI cases. We will investigate your case and present any and all defenses. Our attorneys are available 24/7. Call us now at 813-200-4421!
