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Whart are the Penalties for a Second DUI Within Five Years in Florida?


Understanding a Second DUI in Florida

In Florida, a second DUI (Driving Under the Influence) offense is a serious matter that carries significant legal consequences. A second DUI within five years of the first conviction is treated more severely under Florida law. Understanding the legal definition, elements, and implications of a second DUI is crucial for anyone facing such charges.

A second DUI is defined as being caught operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol or drugs, within five years of a prior DUI conviction. The elements include:

  • Operating a vehicle: The individual must be in actual physical control of the vehicle.
  • Under the influence: The driver is impaired by alcohol or drugs, or has a BAC of 0.08% or higher.
  • Prior DUI conviction: There must be a previous DUI conviction within the past five years.

If you were just arrested for DUI in Tampa or Orange County, FL, and you have a prior DUI conviction, then you have come to the right place. This article explains the consequences of a second DUI arrest and what you need to do to protect yourself at every stage of the administrative case with the DHSMV and the criminal case in court.

What are the penalties for a second DUI within five years in Florida? A second DUI within five years results in harsher penalties, including mandatory jail time, higher fines, and longer license suspensions.

The first thing you should do after a second DUI arrest is talk with an experienced criminal defense attorney about the best ways to fight the case. For a second DUI, you need an attorney focused on these complicated types of cases.

Act quickly to retain an attorney to DEMAND a formal review hearing at the Bureau of Administrative Review Office on Orange Avenue during the first 10 days after the arrest.

What if the Prosecutor Doesn’t Know About the First DUI Conviction? If a prior DUI conviction occurred out of state, it might not immediately show up on your Florida driver’s license. In those cases, the judge and prosecutor might not even know about the prior conviction.

In these cases, the person might be able to enter a plea to a first DUI. Keep in mind that regardless of whether the judge and prosecutor treat the case as a first DUI, the DHSMV will not treat the DUI as a first conviction if the prior conviction is on your driving record or is later put on your driving record.

If you live out of state, that state will also add the DUI conviction to your driving record which will trigger a suspension in that state.

What are the consequences? At least in Florida, the moment two DUI convictions appear on your driving record, the DHSMV will automatically impose a suspension of five-year revocation of your driver’s license if the second DUI occurred within five years of the prior DUI.

For more details on potential consequences, you can explore our page on penalties for a second DUI in Florida.

 

Penalties for a Second DUI Within Five Years in Florida

Penalties for a Second DUI Within Five Years in Florida

The penalties for a second DUI within five years in Florida are severe and include mandatory minimums. These penalties are designed to deter repeat offenses and ensure public safety. Key penalties include:

Driver’s License Revocation

A second DUI conviction within five years results in a mandatory five-year revocation of the driver’s license. There is no possibility of a hardship license during the first 12 months of the suspension.

  • Minimum 5-year revocation: The court must revoke your driver’s license for at least five years.
  • No driving for the first 12 months: You cannot apply for a hardship license during the first year of the suspension.
  • Possible hardship reinstatement after 1 year: After serving the first 12 months, you may apply for a hardship reinstatement if you meet certain conditions, such as completing DUI school and remaining in a DUI supervision program.

Incarceration or Jail Time

The court must impose a minimum of 10 days in jail, with at least 48 consecutive hours. The maximum jail time can extend up to 12 months if certain aggravating factors are present.

  • Minimum 10 days in jail: You will face at least 10 days of incarceration, with 48 hours being consecutive.
  • Maximum 9 months jail time: The maximum period of incarceration is nine months, but this can increase to 12 months if your BAC was 0.15% or higher, or if a minor was in the vehicle.
  • Up to 12 months of probation: You may also be sentenced to probation for up to 12 months, which includes regular check-ins with a probation officer, abstaining from alcohol, and attending DUI school.

Fines and Financial Penalties

The fines for a second DUI can range from $1,000 to $2,000, but can increase if the BAC was 0.15% or higher or if a minor was in the vehicle.

  • Fines between $1,000 and $2,000: The court will impose fines within this range for a second DUI conviction.
  • Increased fines for high BAC or minor passengers: If your BAC was 0.15% or higher or if a minor was in the vehicle, the fines can increase to between $2,000 and $4,000.

Community Service

Community service is a mandatory requirement for a second DUI conviction within five years. The court mandates 50 hours of community service.

  • Mandatory 50 hours of community service: You must complete 50 hours of community service as part of your sentence.
  • Option to buy out: The court may allow you to buy out a portion of these hours at a rate of $10 per hour.

Vehicle Impoundment

The court is required to impound or immobilize any vehicle registered in your name for 30 days. However, this requirement may be waived if a family member has no other transportation or if the vehicle is a company vehicle used solely for an employee of the business.

  • 30-day vehicle impoundment: Any vehicle registered in your name will be impounded for 30 days.
  • Possible waiver: The court may waive this requirement under certain conditions, such as lack of alternative transportation for family members or if the vehicle is a company vehicle.

Hardship Reinstatement

After a five-year revocation of your driver’s license, you are not eligible for a hardship license during the first 12 months. However, you may apply for a hardship reinstatement hearing after one year if you meet specific conditions.

  • Completion of DUI school: You must complete DUI school to be eligible for hardship reinstatement.
  • Remain in DUI supervision program: You must stay in a DUI supervision program for the remainder of the revocation period.
  • Abstinence from alcohol and controlled substances: You must demonstrate that you have not consumed any alcoholic beverages or controlled substances for 12 months prior to reinstatement.

DUI School

The court must impose a requirement that you complete DUI school, which typically involves Level Two DUI School, including substance abuse evaluation and any recommended follow-up treatment.

  • Completion of Level Two DUI School: You must complete this program as part of your sentence.
  • Substance abuse evaluation and treatment: You may be required to undergo a substance abuse evaluation and complete any recommended follow-up treatment.

Mandatory Ignition Interlock Device

The court must impose a requirement that you install an ignition interlock device for at least 12 months after serving any period of incarceration. This period can extend to 24 months if your BAC was 0.15% or higher.

  • Installation for at least 12 months: You must install an ignition interlock device on any vehicle you operate for at least 12 months.
  • Extended period for high BAC: If your BAC was 0.15% or higher, the installation period extends to 24 months.

What are the penalties for a second DUI within five years in Florida? The penalties include a minimum 5-year driver’s license revocation, at least 10 days in jail, fines ranging from $1,000 to $2,000, mandatory community service, vehicle impoundment, DUI school, and the installation of an ignition interlock device.

These penalties underscore the seriousness of a second DUI offense and highlight the importance of legal representation to navigate the complexities of DUI law in Florida. For further information on DUI penalties, you can explore the second DUI penalties guide.

Understanding the ramifications of a second DUI within five years is crucial. If you have been arrested for a second DUI in Tampa or Orange County, FL, it is vital to act swiftly to protect your rights. Retaining an experienced DUI attorney can make a significant difference in the outcome of your case. For more details on how to handle your case, visit our page on penalties for a second DUI outside five years in Florida.

Additional Consequences of a Second DUI

Beyond the primary penalties, a second DUI within five years brings additional consequences that can impact various aspects of life. These include:

Jail Time and Probation

The court must impose a minimum of 10 days in jail, with at least 48 consecutive hours. The maximum jail time can extend up to 12 months if certain aggravating factors are present.

  • Minimum 10 days in jail: You will face at least 10 days of incarceration, with 48 hours being consecutive.
  • Maximum 9 months jail time: The maximum period of incarceration is nine months, but this can increase to 12 months if your BAC was 0.15% or higher, or if a minor was in the vehicle.
  • Up to 12 months of probation: You may also be sentenced to probation for up to 12 months, which includes regular check-ins with a probation officer, abstaining from alcohol, and attending DUI school.

Probation terms may include regular check-ins with a probation officer, abstaining from alcohol, and attending DUI school. These conditions are aimed at ensuring that you do not reoffend and that you receive the necessary support to address any underlying issues related to alcohol or substance abuse.

Vehicle Impoundment

The court is required to impound or immobilize any vehicle registered in your name for 30 days. However, this requirement may be waived if a family member has no other transportation or if the vehicle is a company vehicle used solely for an employee of the business.

  • 30-day vehicle impoundment: Any vehicle registered in your name will be impounded for 30 days.
  • Possible waiver: The court may waive this requirement under certain conditions, such as lack of alternative transportation for family members or if the vehicle is a company vehicle.

Vehicle impoundment serves as a deterrent and ensures that repeat offenders are temporarily unable to operate their vehicles, thereby protecting public safety.

Hardship Reinstatement

After a five-year revocation of your driver’s license, you are not eligible for a hardship license during the first 12 months. However, you may apply for a hardship reinstatement hearing after one year if you meet specific conditions.

  • Completion of DUI school: You must complete DUI school to be eligible for hardship reinstatement.
  • Remain in DUI supervision program: You must stay in a DUI supervision program for the remainder of the revocation period.
  • Abstinence from alcohol and controlled substances: You must demonstrate that you have not consumed any alcoholic beverages or controlled substances for 12 months prior to reinstatement.

Hardship reinstatement allows individuals to regain limited driving privileges, typically for work or essential activities, after demonstrating a commitment to rehabilitation and compliance with court-ordered programs.

DUI School

The court must impose a requirement that you complete DUI school, which typically involves Level Two DUI School, including substance abuse evaluation and any recommended follow-up treatment.

  • Completion of Level Two DUI School: You must complete this program as part of your sentence.
  • Substance abuse evaluation and treatment: You may be required to undergo a substance abuse evaluation and complete any recommended follow-up treatment.

DUI school is designed to educate offenders about the dangers of impaired driving and to provide tools and resources to prevent future offenses. It often includes group sessions, individual counseling, and educational classes.

Mandatory Ignition Interlock Device

The court must impose a requirement that you install an ignition interlock device for at least 12 months after serving any period of incarceration. This period can extend to 24 months if your BAC was 0.15% or higher.

  • Installation for at least 12 months: You must install an ignition interlock device on any vehicle you operate for at least 12 months.
  • Extended period for high BAC: If your BAC was 0.15% or higher, the installation period extends to 24 months.

An ignition interlock device requires you to pass a breath test before starting your vehicle, ensuring that you do not drive under the influence of alcohol. This device is an effective measure to prevent repeat offenses and promote safe driving habits.

What are the consequences of a second DUI within five years in Florida? Beyond primary penalties, a second DUI within five years can result in additional jail time, probation, vehicle impoundment, mandatory DUI school, and the installation of an ignition interlock device.

These additional consequences highlight the importance of understanding the full scope of penalties associated with a second DUI within five years. For more information on DUI penalties, visit our second DUI penalties guide.

If you have been arrested for a second DUI in Tampa or Orange County, FL, it is crucial to act quickly to protect your rights. Retaining an experienced DUI attorney can make a significant difference in the outcome of your case. For more details on how to handle your case, visit our page on penalties for a second DUI outside five years in Florida.

 

Financial and Community Service Penalties

A second DUI within five years also incurs substantial financial penalties and community service requirements. These are aimed at both punishment and rehabilitation.

Fines and Community Service

The fines for a second DUI can range from $1,000 to $2,000, but can increase if the BAC was 0.15% or higher or if a minor was in the vehicle. Additionally, the court mandates 50 hours of community service.

  • Fines between $1,000 and $2,000: The financial penalties are significant and can increase under certain aggravating circumstances.
  • Increased fines for high BAC or minor passengers: If your BAC was 0.15% or higher, or if a minor was in the vehicle, the fines can range from $2,000 to $4,000.
  • Mandatory 50 hours of community service: The court requires you to complete 50 hours of community service, although you may be able to buy out a portion of those hours at a rate of $10 per hour.

These penalties underscore the seriousness of a second DUI offense and highlight the importance of legal representation to navigate the complexities of DUI law in Florida.

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Additional Financial Penalties

Beyond the fines, there are other financial penalties that can impact your life significantly:

  • Cost of DUI School: You will be required to pay for and complete DUI school, which can include Level Two DUI School and any recommended follow-up treatment.
  • Ignition Interlock Device Costs: If mandated, you will have to bear the cost of installing and maintaining an ignition interlock device on your vehicle for at least 12 months.
  • Increased Insurance Rates: A second DUI conviction will likely lead to a significant increase in your auto insurance premiums, as you may be required to obtain FR-44 insurance, which is more expensive than standard coverage.

These additional financial burdens emphasize the importance of seeking experienced legal counsel to potentially mitigate these costs.

Community Service Requirements

Community service is a mandatory component of the penalties for a second DUI within five years. The court requires you to complete 50 hours of community service, but there are some nuances:

  • 50 hours mandatory: The court mandates that you complete 50 hours of community service.
  • Buyout option: In some cases, you may be allowed to buy out a portion of your community service hours at a rate of $10 per hour.
  • Supervised service: Your community service must be completed under the supervision of a designated organization or agency approved by the court.

Community service serves as both a punitive and rehabilitative measure, encouraging offenders to give back to the community while reflecting on their actions.

What are the financial penalties for a second DUI within five years in Florida? The fines range from $1,000 to $2,000, increasing to $2,000 to $4,000 for high BAC or minor passengers, plus mandatory 50 hours of community service.

Impact on Employment and Professional Licenses

A second DUI conviction can have far-reaching consequences on your employment and professional licenses:

  • Employment challenges: A DUI conviction can make it difficult to find or maintain employment, especially in fields that require a clean driving record or background check.
  • Professional license suspensions: Certain professions, such as healthcare, law, and education, may face disciplinary actions or suspension of licenses following a DUI conviction.
  • Loss of commercial driver’s license (CDL): If you hold a CDL, a second DUI conviction can result in a permanent disqualification from operating a commercial motor vehicle.

These impacts highlight the importance of understanding the full scope of consequences and seeking legal assistance to protect your career and livelihood.

Long-Term Financial Consequences

Beyond the immediate fines and costs, a second DUI conviction can lead to long-term financial repercussions:

  • Increased insurance premiums: As mentioned earlier, you will likely face significantly higher auto insurance rates, possibly requiring FR-44 insurance.
  • Job loss and reduced earnings: The difficulties in finding and retaining employment can lead to a loss of income and financial instability.
  • Legal fees: The costs associated with hiring an experienced DUI attorney, while necessary, can add to the financial burden.

These long-term financial consequences further emphasize the importance of addressing a second DUI charge with the help of a skilled legal professional.

If you have been arrested for a second DUI in Tampa or Orange County, FL, it is crucial to act quickly to protect your rights. Retaining an experienced DUI attorney can make a significant difference in the outcome of your case. For more details on how to handle your case, visit our page on penalties for a second DUI outside five years in Florida.

For more information on DUI penalties, visit our second DUI penalties guide.

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What are the penalties for a second DUI within five years in Florida?

The penalties for a second DUI within five years in Florida include a mandatory five-year driver’s license revocation, a minimum of 10 days in jail, fines ranging from $1,000 to $2,000, and mandatory community service. Additional penalties may apply if the BAC was 0.15% or higher or if a minor was in the vehicle.

Can I get a hardship license after a second DUI in Florida?

After a second DUI within five years, you are not eligible for a hardship license during the first 12 months of the suspension. However, you may apply for a hardship reinstatement hearing after one year if you meet certain conditions, such as completing DUI school and remaining in a DUI supervision program.

What is the minimum jail time for a second DUI in Florida?

The minimum jail time for a second DUI within five years in Florida is 10 days, with at least 48 consecutive hours. The maximum jail time can extend up to 12 months if certain aggravating factors are present, such as a high BAC or having a minor in the vehicle.

How does a second DUI affect my insurance rates in Florida?

A second DUI conviction in Florida will likely lead to a significant increase in your auto insurance premiums. You may be required to obtain FR-44 insurance, which is more expensive than standard coverage. This can result in long-term financial consequences.


Explore additional practice areas we serve to understand how we can assist you with various legal issues:

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Third DUI: Felony or Misdemeanor Penalties for Third DUI Within Five Years
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Fourth DUI in Florida Penalties Guide Fourth DUI: Felony or Misdemeanor
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First DUI in Florida Penalties Guide Complete Guide to Ignition Interlock Devices
Required Ignition Interlock After DUI Most Common Sentence for First DUI
Getting a DUI Reduced to Reckless Driving Difference Between Reckless Driving and Wet Reckless

Top-Rated DUI Lawyers Serving Florida

Choosing the appropriate legal representation is crucial when pursuing a claim. A seasoned, committed DUI attorney ensures you’re equipped to make informed choices at each phase of the process.

  • John Vallillo: As a stalwart in the Florida legal scene, John Vallillo has earned his stripes through a consistent record of case dismissals and proactive defense. His background as both a prosecutor and defense attorney enriches his strategic defense planning with invaluable insights.
  • Joe Easton: Renowned for crafting winning defenses, Joe Easton’s approach to legal advocacy in Florida combines thorough preparation with aggressive representation. His notable recognitions and ratings stand testament to his exceptional service and client-focused approach.
  • Joel Leppard: Joel Leppard infuses every DUI case with a level of personal commitment and innovative thinking that sets him apart. His leadership has not only grown Leppard Law into a top-rated criminal defense law firm but also ensured that clients receive empathetic, effective legal care.

Discover What Our Clients Are Saying

At the forefront of our DUI practice is a deep-seated commitment to client satisfaction. Each case is handled with utmost care, as echoed in the appreciative feedback from those we represent. Stellar reviews are what make us one consistently one of Central Florida’s top-rated DUI law firms. You can read more 5 star reviews here: https://leppardlaw.com/reviews/



Contact Us for Expert DUI Defense

Facing a second DUI charge within five years in Florida can be overwhelming and stressful. At Leppard Law, we understand the gravity of your situation and are here to provide the expert legal representation you need.

What does it look like to have a personal relationship with your attorney? Someone who has your back when things get tough? A lawyer that knows you as well as they know your case? At Leppard Law, we treat our clients like family. We always put their best interests first and fight for the best possible outcome for their case.

But you don’t have to take our word for it – experience it for yourself. If you or a loved one have been charged with a criminal offense, contact us today to schedule a free consultation. Call us at 407-476-4111.

Our commitment to excellence has been acknowledged through various awards and recognitions:

SuperLawyers “Rising Star” SuperLawyers 2019 – 2020
Awesome Attorneys Orlando Orlando Family Magazine 2019-2023
Top 10 DUI Attorneys near Orlando, FL Thumbtack 2024
Top 10 DUI Attorneys near Kissimmee, FL Thumbtack 2024
Top 10 DUI Attorneys near Deltona, FL Thumbtack 2024

At Leppard Law, we take immense pride in helping our clients navigate through some of life’s most challenging moments. Your trust and support have fueled our commitment to excellence, and we’re honored to be a part of our shared community.

While we hope you never face a criminal charge, we want you to know that if the need arises, we’re here for you. One call to our top-rated criminal defense attorneys can make all the difference. Schedule your consultation today, and let us provide the support and legal expertise you deserve.

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Legally Reviewed by Joe Easton

Experienced Florida DUI Attorney

Legally reviewed by Joe Easton and the content team, this article reflects the firm’s 60 years of combined criminal defense expertise. Joe Easton, with his extensive experience and strategic prowess in DUI and criminal defense, offers more than just legal representation; he brings a commitment to turning legal challenges into triumphs. His approach, combining tenacity in the courtroom with personalized client care, ensures your DUI case is not just defended but championed with dedication and expertise.

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