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Home » DUI Charges » Second Offense DUI

Charged With a Second Offense DUI?

You need a Florida law firm that can handle tough cases

If you have been arrested for a second-offense DUI, it’s important to have an experienced Clay County DUI attorney in your corner. Over three decades, attorney Mark Sieron of Aguilar & Sieron, P.A. has earned a reputation for getting results. He knows what you’re going through and can fight for your rights.

You need to take DUI charges seriously, because a conviction can have serious consequences. It’s no exaggeration to say that your future and your freedom are at stake. If this if your second offense, the consequences you are facing include:

Administrative license suspension

If your license had previously been suspended for DUI within the past five years, and you are arrested for driving with a BAC of .08% or more, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) will suspend your license for five years. You can apply for a “hardship” license after 30 days – this will allow you to drive to and from work, school, church and medical appointments.

If you refused to take a chemical test in violation of the state’s “implied consent” law, your license can be suspended for a year – but you can apply for a hardship license after 90 days. If you had previously refused a chemical test, your license can be suspended for 18 months, and you are not eligible for a hardship license.

These are administrative suspensions that apply whether or not you are convicted of a DUI charge.

Jail time

If you have been convicted for DUI within the past five years, there is a mandatory minimum 10-day jail sentence in Florida. If convicted of a second-offense DUI, you could face a maximum sentence of:

  • nine months for a standard DUI
  • one year if you had a BAC of .15% or more
  • one year if you had a passenger under 18 years old when arrested
  • one year if there was an accident involving property damage or minor injuries
  • five years if there was an accident involving serious bodily injury.

Fines

A second -offense DUI carries a fine between $1000 to $2000. But if you had a BAC of at least .15% or if you had a passenger under 18 years old, the range is $2000 to $4000.

License suspension

If you have been convicted of a DUI within the past five years, your license could be suspended for at least five years. As with first-offense DUIs, this suspension is separate from the administrative license suspension.

Ignition interlock devices (IID)

If convicted of a second-offense DUI, an IID in your vehicle is mandatory for at least one year.

Vehicle impoundment

If you have been convicted of a DUI within the past five years, your vehicle can be impounded for at least 30 days. These 30 days can’t overlap with any jail time you serve.

If you’ve been arrested for a second-offense DUI, don’t delay. Prosecutors are already building their case against you. Contact us to schedule an appointment with us to learn more about how we can help. We understand complicated DUI cases in Florida and can advise you on the best way to proceed. Our office can be reached 24 hours a day, 7 days a week.