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2nd DUI

What are the penalties of a second DUI and will I go to jail for a second DUI?

The penalties for a second DUI range can vary depending on a few factors.  The first determinative factor is whether this second DUI is within five years of the first DUI or outside of five years from the first DUI.  Other factors that can change the penalties include whether there was a crash as a result of DUI, whether there were children present in the car, and whether the breath sample was above an enhanced level of .15. 

It is first important to determine the time between the first DUI and the second DUI.  If it is within five (5) years there is a mandatory minimum of ten (10) days in jail if you are convicted of a second DUI.  This means that even if a Judge did not want to sentence you to jail, they would be required to sentence you to ten (10) days in jail.  However, this does not mean that this is a minimum jail sentence.  The Judge could sentence you to more than ten (10) days in jail.  An experience DUI lawyer can help avoid mandatory jail terms such as these.

There are other important differences between a second DUI inside of five (5) years and outside of (5) years.  One of the key differences is that there is a mandatory court order driver's license for five (5) years for a DUI inside of five (5) years.  Just as described above mandatory minimum means it is the lowest possible punishment, but it could be more severe.  In fact, it is possible that the driver's license suspension could be permanent. 

There are several other possible penalties for a second DUI.  These penalties can include penalties that are similar to first DUI penalties, which can include:

  • Community service hours
  • Fines and Court Costs
  • Complete DUI school(with an evaluation) and any recommended treatment
  • Complete a session of the Victim Impact Panel
  • Ignition Interlock installed in your car
  • SCRAM monitor
  • Visual Alcohol Monitoring device
  • Car impoundment
  • No possession or consumption or drugs or alcohol with random testing at your expense
  • Driver's License suspension
  • Attendance of Alcoholics Anonymous (AA) meetings

It should be noted that while these above listed potential penalties for a second DUI are similar to a first DUI, they are all generally higher, lengthier, or more severe than for a first DUI.

How long is driver's license suspension for a second DUI?

There are two potential driver's license suspensions for a second DUI.  First, there is a the administrative(DMV) driver's license suspension.  After an arrest for a DUI the DMV will suspend your driver's license for six (6) months if you blew over a .08.  The DMV will suspend your driver's license for twelve (12) months if you refuse to provide a breath sample and the suspension will be eighteen (18) months if you previously refused to provide a breath sample. 

The second type of driver's license suspension is a court ordered suspension.  This driver's license suspension can range from six (6) months to permanent.

Can I get a hardship license for a second DUI?

The process to challenge an administrative driver's license suspension is the same as it is for a first DUI.  The citation that the police officer gave you after your arrest for DUI will act as your temporary driver's license for ten (10) days following the date of your arrest for DUI.  You must always keep this on you for that time period.  During this ten (10) day period you can apply to challenge the administrative(DMV) driver's license suspension.  Your attorney can file to challenge this suspension and you will receive another temporary driver's license for forty-two (42) while the hearing to challenge the suspension is pending.  If your attorney successfully challenges the suspension, there is no administrative driver's license suspension.  If your attorney unsuccessfully challenges the suspension, the administrative suspension takes effect as mentioned above for twelve (12) or eighteen (18) months.

Unlike a first DUI, after an arrest for a second DUI you are ineligible to immediately waive a formal review hearing(to challenge the administrative driver's license suspension) to immediately obtain a hardship license for a second DUI.  Additionally, if you unsuccessfully challenge the administrative suspension, you are not eligible for a hardship license on a second DUI. Therefore, is no reason not to challenge the administrative suspension.  Even by unsuccessfully challenging the administrative suspension you lose nothing, but gain a temporary driver's license for forty-two (42) and allow your attorney to gain more evidence about your case.

Will they know about my first DUI if it was a long time ago or from another state?

Probably.  The prosecutor's office has different resources that they use to determine if a person has any prior criminal history or DUI's.  They have Florida and national background checks that they can run.  However, these are not always 100 percent accurate and are not always run and thoroughly checked on every case.  Additionally, they can order out of state driver's license records if they know you previously had an out of state driver's license.

At a trial does a jury know that this is my second arrest for DUI?

No.  If there was ever a trial in a case for a second DUI, a jury would is not allowed to know that you were previously arrested or convicted for a DUI.  This is essential to make ensure that you have a fair trial and can successfully defend against a second DUI charge.  The logic behind this is that whether a person was previously arrested or convicted of a prior DUI has no bearing on whether the person is guilty of a DUI now.  The best DUI defense lawyers will do everything they can to make certain that any prior DUI charges are not admissible at a trial. 

Most people will lose their job if they cannot drive for an extended period of time.  Likewise, most people cannot afford to spend any amount of time in jail.  This means they must do whatever it takes to fight and successfully defend against a second DUI conviction.  Call us at (561)295-5825 if you or loved one are in need of a skilled and experienced DUI defense lawyer and learn how we can help you.

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The attorneys and staff at Keller, Melchiorre & Walsh are here to help you. If you have been injured or harmed as a result of the actions of others or if you are facing criminal prosecution, don’t wait, call us now.

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