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What Are The Penalties For A Second DUI?

Second DUI penalties depend on time. Did the second DUI occur more than 5 years after the first one, or less than 5 years after the first one. That will make the difference.

As a Miami DUI attorney, I am familiar with the mandatory minimum penalties that the Florida Legislature has enacted with respect to DUI charges. They are harsh, and should not be agreed to without first consulting a skilled DUI lawyer.

The time limit is measured by the date of conviction of the prior DUI. So if you plead no contest and received a conviction for DUI on January 1, 2005, and were arrested for DUI on April 2, 2010, that would be considered a second DUI outside of five years because the arrest on the new DUI occurred more than five years after the first conviction.

If you were convicted on DUI on April 3, 2005, and were arrested for DUI on April 2, 2005, it would be a second DUI within 5 years.

The minimum penalties for a second DUI within 5 years are:

Adjudication (conviction), court costs (they are expensive), $500 fine, 1-year reporting probation with the conditions of Extended DUI school (at your expense), 30-day vehicle impoundment (again, on your dollar), installation of an ignition interlock device for one year (you pay for it), and ten days in jail!

Not only can you get a minimum mandatory jail sentence of 10 days on a second DUI within 5 years, but you can be made to spend thousands of dollars on your probation conditions.

The maximum penalties for a second DUI within 5 years are:

Adjudication, court costs, $1,000 fine, permanent driver’s license suspension, 1-year reporting probation with the conditions of Extended DUI school, 30-day vehicle impoundment, unlimited ignition interlock device, and 270 days (9 months) in jail.

For second DUIs outside of 5 years, the minimum penalties are:

Adjudication, court costs, $500 fine, 6-month driver’s license suspension, 6-months reporting probation with the conditions of Extended DUI school, 50 community service hours, a 10-day vehicle impoundment, and the installation of an ignition interlock device for one year.

The maximum penalties for a second DUI outside of 5 years are:

Adjudication, court costs, $1,000 fine, permanent driver’s license suspension, 1-year reporting probation with the conditions of Extended DUI school, a session of the Victim Impact Panel, a 10-day vehicle impoundment, unlimited ignition interlock device, and 9 months in jail.

DUIs are taken seriously, by both the Miami-Dade State Attorney’s Office and the Broward State Attorney’s Office. Don’t go it alone, and don’t plead guilty without first discussing the case with a knowledgeable DUI attorney. Call my office today.

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