Second DUI in Florida

In Florida, driving under the influence charges carry severe penalties that can follow you for the rest of your life. Unlike many criminal offenses, where after years of good behavior, you may be eligible to have your criminal offense sealed or expunged, depending on the crime, you generally are not able to expunge or seal a DUI.

Under current Florida law, you cannot have a DUI conviction expunged or sealed from your public record. After being charged a second time for a DUI, the penalties get worse.

This article is intended to explain the consequences of having a second DUI on your record, including how the law differs when the second offense occurs within five (5) years of the first.

Find an Attorney for a Second-DUI Offense in Ft. Lauderdale, FL

If you have been arrested for driving under the influence, you need an experienced criminal defense attorney at every stage of the prosecution.

The attorneys at Bacchus Law Firm are zealous advocates for the rights of criminal defendants. We understand that with DUI charges, the best possible result is having the charges dropped.

Our office is conveniently located in Broward County in Ft. Lauderdale, FL. We take cases throughout the Miami Metropolitan area, in the surrounding counties of Palm Beach County, Collier County, Hendry County, and Miami-Dade County, Florida.

Call (954) 500-5555 for more information about second-time DUI offenses.

Broward County Second DUI Information Center

Back to top

Florida Second DUI within Five (5) Years

The number of DUI convictions that an offender has, within five (5) years, can have a substantial effect on the penalty for subsequent charges. If an individual is charged with a second DUI offense within five (5) years of the first conviction, then he or she may be subject to the following consequences:

  • Jail-time – an offender may serve up to nine (9) months in jail and must serve at least forty-eight (48) hours of consecutive jail time and a minimum of ten (10) days. If the penalties are enhanced because the offender's BAC was 0.15 or higher or there was minor in the vehicle, then he or she may be sentenced to up to twelve (12) months in jail;
  • Driver's License Revoked – after a second-DUI, the court will suspend an individual's license for at least five (5) years;
  • Vehicle Impoundment –the court is required to impound any vehicle registered in the offender's name for thirty (30) days, subject to some exceptions;
  • Ignition Interlock Device (IID) –after a second DUI conviction, the court must impose an IID for at least twelve (12) months after jail-time. If the offender's penalties were enhanced, then the IID is imposed for twenty-four (24) months;
  • DUI School – the court will order that the offender attend Level Two DUI School, which includes substance abuse evaluations and potential follow-up treatment;
  • Fines –the fine for a second DUI is up to $2,000. If the offender's BAC is 0.15 or more or there was a minor in the vehicle at the time of the offense, then the fine is up to $4,000;
  • Probation –the court will impose up to twelve (12) months probation;
  • Community Service – although the court may allow an offender to buy out some of the community service hours, apart from that option, the court must impose at least fifty hours (50) of community service.

Back to top

Florida DUI Outside of Five (5) Years

A DUI offense that occurs five (5) years after any previous DUI conviction will generally be treated similarly to a first-time DUI offense. The following differences apply:

  • fines – for a second DUI offense outside of five (5)  years, the court will impose up to $2,000 in fines;
  • jail – an offender may face up to nine (9) months in jail; and
  • IID – the court must impose an IID on the offender's vehicle for at least one year.

Back to top

Additional Resources

Florida Statute §316.193 – Visit Online Sunshine, the official website of the Florida Legislature for more information on the penalties associated with a Florida driving under the influence charge.

Reinstating License After DUI – Visit the Florida DMV for more information about the steps a DUI offender in Broward County, FL, must take in order to reinstate his or her license or apply for a hardship to have your license reinstated for business or employment purposes after a first-time DUI charge.

Back to top

Find an Attorney for Second-DUI Offense in Broward County, Florida

Having more than one DUI conviction may enhance the penalties for any subsequent DUI charge. Those who are first-time DUI offenders with no criminal record, in particular, have a hard time understanding their criminal charges.

Our office is centrally located at 401 E. Las Olas Blvd. in Ft. Lauderdale, FL, just minutes from the Broward County Central Courthouse. If you have been arrested for DUI in East Naples, Miami, West Palm Beach, or LaBelle, Florida, then contact our firm immediately.

Talking to an experienced criminal defense attorney who will explain the charges and what advantages you may have by being a first-time offender can help. If, however, you have found yourself facing DUI charges for the second time, then speaking with an experienced criminal defense attorney will be even more beneficial to your case. 

Contact the experienced attorneys at Bacchus Law Firm. Our attorneys take cases throughout the Miami-Metropolitan area in Broward County, Florida, and in the surrounding counties of Palm Beach, Collier, Hendry, and Miami-Dade County.

Call (954) 500-5555 to schedule a one-on-one consultation with one of our attorneys.

This article was last updated on Thursday, June 22, 2017.