Clearwater Criminal Defense Attorney Gives You the Simple Guide for Florida Second Time DUI Penalties
Today we have a guest blog on the subject of DUI penalties from Clearwater Criminal Defense Attorney; Amanda Powers.Florida’s DUI penalties are set forth specifically in § 316.193, Florida Statutes. If you have already been convicted of one DUI and are arrested and convicted for a second, the penalties are determined by two things: (1) Your blood alcohol content (BAC) and (2) How much time has passed since your first conviction. Second DUI within five (5) years of your first, BAC above/ below .15:
- Below .15 BAC - Between $1000.00 and $2000.00
- Above .15 BAC – Between $2000.00 and $4000.00
- Below .15 - The court must sentence an individual to a minimum of ten (10) days up to nine (9) months in county jail. Some courts are allowing the minimum mandatory jail sentence to be served in an in-patient treatment program. Our attorneys can advise you whether you may have this option.
- Above .15 – Minimum ten (10) days up to twelve (12) months. Again, you may have the option of serving your ten days in a residential treatment facility.
- Above and Below .15 - Up to 12 months of probation under the supervision of the Salvation Army
- Above and Below .15 - There is a mandatory thirty (30) day impound
- Above and Below .15 - You will be required to complete fifty (50) hours of community service
- Above and Below .15 - Your license is subject to a five (5) year revocation. Remember to seek the advice of an experienced DUI defense attorney to learn about your rights to an administrative review hearing as this may be a viable way to save your license. Do not delay speaking to an attorney as you only have ten (10) days from the date of your arrest to request this type of hearing.
- Above and Below .15 - For second time offenders, multiple offender school may be required. This is a DUI class that must be completed before you are eligible for a hardship license.
- Below .15 - Florida requires a mandatory ignition interlock device to be placed on an offender’s vehicle for a period of one (1) year at the offender’s expense.
- Above .15 – Two (2) year ignition interlock device.
- If you are arrested and enter a plea to a DUI in the state of Florida, the courts are required to adjudicate you of Guilt. There is no exception unless you enter a plea to something less than a DUI such as careless driving or reckless driving. Often times, an experienced attorney is able to negotiate something less than a DUI in an effort to preserve their client’s criminal record. The state attorneys will sometimes reduce charges in an effort to avoid extensive litigation. It is important to talk to an experienced attorney to determine whether this is an option for your case.
- Your license may be suspended up to one (1) year not five (5)
- There is no minimum mandatory jail. For your second outside of five below .15 you may be sentenced up to nine (9) months in county jail. If your blow is over .15, you may be sentenced up to twelve (12) months.
- Your vehicle will be subject to a ten (10) day impound as opposed to a thirty (30) day impound.