I didn’t receive a jail sentence for my first DUI. Will I spend time in jail for a second conviction?

In most cases involving a second offense DUI, the trial court has the discretion to impose a jail sentence of up to nine months and, therefore, can choose not to sentence a defendant to jail. A trial court may also sentence a defendant to intermittent jail time, which allows the defendant to serve their sentence overnight or on weekends while being released during the week for work or school. However, in offenses involving a defendant with a BAC of 0.15 or more or a minor passenger in the defendant’s vehicle, the trial court must sentence the defendant to at least ten days in jail, with at least 48 hours of the sentence served consecutively.

How long will I lose my driver’s license?

A defendant convicted of a second DUI will, at minimum, serve a driver’s license suspension of 180 to 365 days. Committing a second DUI within five years of a prior DUI will result in the defendant serving a minimum five-year suspension; they may apply for a hardship reinstatement after one year.

West Palm Beach Second Offense DUI Lawyer | 2nd Offense DUI Attorney West Palm Beach, FL

2nd Offense DUI Attorney in West Palm Beach, FL Dedicated to Defending Repeat Offenders in Palm Beach County, Broward County, Martin County, and Throughout South Florida

After the police have arrested you for a second DUI, let 2nd offense DUI attorney in West Palm Beach Brandon Dinetz advocate for your rights and interests. Contact BD Law today for a confidential consultation to learn how our firm will fight to secure a favorable resolution to your second time DUI case. As an experienced criminal defense attorney and former prosecutor, Brandon has extensive experience on both sides of the criminal justice system, giving him the insight needed to craft tailored solutions for his clients and achieve results as early as possible to allow them to get back to their lives.

Understanding Second DUI Offenses Under Florida Law

Florida’s DUI statute – Florida Statutes 316.193 – makes it illegal for a person to drive or have actual physical control of a motor vehicle while under the influence of alcohol, inhalants, or drugs to the extent that a person cannot safely operate a vehicle. A person can also commit a DUI by driving or having actual physical control of a vehicle with a breath or blood alcohol content of 0.08 or more.

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Penalties for Second Offense DUI

Florida imposes increased penalties for a person who commits a second DUI offense after a prior conviction since officials believe in the need for harsher punishment for someone who continues to drink and drive despite having previously been convicted of a DUI offense. A second DUI conviction can lead to fines of $1,000 to $2,000, or $2,000 to $4,000 for a defendant who drove with a BAC of 0.15 or more or a minor passenger in their vehicle.

A second conviction can also lead to a jail time of up to nine months (or 12 months for a defendant who drove with a BAC of 0.15 or more or a minor passenger in their vehicle). People convicted of a second DUI offense within five years of a prior conviction face a mandatory jail sentence of 10 days, at least 48 hours of which must be served consecutively.

Other penalties for a second-offense DUI include:

30-day impoundment of the defendant’s vehicle after a conviction within five years of a prior DUI conviction
180-day to 12-month driver’s license suspension, or three-year suspension if the defendant causes an accident that results in injuries, or five-year suspension for a second offense within five years of a prior offense (with the defendant becoming eligible for a hardship reinstatement after one year)
Complete DUI school
Mandatory ignition interlock device requirement for an offense involving a BAC of 0.15 or more

Common Defenses in DUI Cases

Depending on the circumstances surrounding your arrest, you may have various defenses you might raise against a second-time DUI charge, such as:

You did not drive or exercise actual physical control of a vehicle while intoxicated: To convict you for DUI, the state must prove beyond a reasonable doubt that you drove or had actual physical control of a motor vehicle while intoxicated. You might challenge the state’s case by showing that the police stopped and arrested you outside of a vehicle or found you in a vehicle with the engine off without the keys.
Errors in field sobriety or chemical testing: You might move to exclude the results of field sobriety or blood/breath testing by highlighting issues affecting the reliability of results, such as a field sobriety test being conducted by an untrained officer or in less-than-ideal outdoor conditions, or examiners failing to follow breath testing protocols or maintain the chain of custody of a blood test sample.
Unlawful traffic stop: You may also challenge the admissibility of the state’s evidence by arguing that police stopped you without reasonable suspicion or probable cause that you committed a traffic offense, DUI, or another crime, or that officers stopped you during a DUI checkpoint that did not follow an objective process for selecting vehicles to stop.

Other defense strategies involve challenging the legality of a prior DUI conviction, such as by arguing that you received ineffective assistance of counsel in your prior DUI offense, which may result in your current DUI charge becoming a first-time offense and reducing the potential penalties for a conviction.

Contact a Knowledgeable West Palm Beach Second Offense DUI Lawyer from BD Law Today

When you’ve been arrested for DUI with a prior drunk or drugged driving conviction on your record, you need experienced legal counsel to protect your rights and interests. Contact BD Law today for a confidential case evaluation with a 2nd offense DUI attorney in West Palm Beach to discuss your options.