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A person who is convicted of DUI in Florida after a previous drunk driving conviction faces enhanced penalties for the second conviction. The judge or jury may be less likely to view a second DUI (driving under the influence, also called drunk driving) as a mistake, but may see it as a pattern of criminal behavior.
Florida law distinguishes between a second DUI committed inside and outside of five years of a previous DUI conviction, with harsher penalties for two DUIs within five years than two DUIs that are more than five years apart.
A second DUI charge (with no aggravating circumstances) is a misdemeanor in Florida. Although a first DUI is only punishable by up to six months in jail, a second DUI within five years of a prior DUI conviction is punishable by up to nine months in jail. Enhanced penalties apply if the second DUI is a DUI with property damage, a DUI with a child passenger, or the driver is convicted of having a blood-alcohol concentration (BAC) of 0.15 percent or higher.
Felony charges can apply if the second DUI case involves a crash with serious bodily injury or death to another person. Penalties upon conviction for a second DUI may include jail, expensive fines, suspension of the driver's license, vehicle impound, probation, community service, DUI school, alcohol and/or drug evaluation and treatment, and the requirement to install and pay for an ignition interlock device (IID) when a driver's license is reissued after the court ordered a suspension.
Attorneys for Second DUI in Miami, Florida
If you were arrested for a second DUI charge under § 316.193(1) of the Florida Statutes, you should seek the advice of a skilled Miami DUI defense attorney who can assist you in confronting both the criminal and civil aspects of your case. Hubbs Law Firm is experienced in defending DUI clients from Miami, Hialeah, South Miami and throughout Miami-Dade County, including clients facing a second DUI charge.
E.J. Hubbs is Board Certified in Criminal Trial Law by the Florida Bar. A Board Certified attorney has been evaluated for competency and experience within a specific area of law.
As an experienced criminal defense attorney, E.J. Hubbs has wide-ranging knowledge of Florida DUI laws and uses his insight to aggressively challenge his clients' DUI charges. Hubbs Law Firm may be able to present issues that cast doubt on aspects of the prosecution's case, issues that may result in a reduction or dismissal of a second DUI charge.
Florida requires an automatic driver's license suspension after a second DUI arrest. The length of that suspension will depend on whether you submitted to the breath or blood test or refused. The length of the suspension also depends on whether your prior administrative suspension involved a refusal to take a breath, blood, or urine test.
Hubbs Law Firm assists clients in requesting a formal review hearing before the Florida Board of Administrative Reviews (BAR), a division of Florida's Department of Highway Safety and Motor Vehicles (DHSMV). We will also fight to invalidate the administrative suspension.
Hubbs Law Firm serves DUI clients throughout Miami-Dade County, including Miami, Miami Beach, Coral Gables, South Miami, Doral, Fontainebleau, Hialeah, Miami Gardens and Miami Springs, as well as other communities throughout the county.
Contact Hubbs Law Firm at (305) 570-4802 today to schedule a free, no-obligation appointment to discuss your DUI charge.
Second DUI Charges in Florida
Under Title XXIII, Chapter 316, § 316.193(1) of the Florida Statutes, a person is guilty of the offense of driving under the influence for a second time if the person is driving or in actual physical control of a vehicle in Florida.
It is important to note that, under the law, a person may be charged and convicted of DUI without consuming alcohol, if the police suspect that a driver is impaired by drugs or a controlled substance and a drug or controlled substance is detected in a blood test or urine test.
In Florida, a second-time DUI offense within five years of a prior conviction (without aggravating circumstances) is punishable by up to nine months in jail. The penalties may be enhanced if you had a BAC of 0.15 or above, a child passenger, or property damage.
If a DUI incident resulted in someone's serious bodily injury or death, a second DUI will be elevated to a felony charge, with a mandatory prison sentence required by law.
Elements That Must Be Proved to Obtain a Second DUI Conviction
For the state of Florida to convict a person of a second DUI under Florida Statutes, § 316.193(1), a judge or jury must find beyond a reasonable doubt that a person:
- Drove or was in actual physical control of a vehicle
- While driving or in actual physical control of the vehicle, had a BAC of 0.08 or more grams of alcohol per 100 milliliters of blood or 210 liters of breath or was under the influence of alcoholic beverages, a chemical substance, or a controlled substance to the extent that his or her normal faculties were impaired.
- Was previously convicted of DUI one time
Possible Criminal & Civil Penalties for a Second DUI Conviction
Florida distinguishes between second DUIs that occur within and outside of a five-year period. The law presumes that two DUIs within five years may indicate a public safety concern, so punishments for a second DUI within five years are worse than those for two DUIs that occur more than five years apart.
Second DUI Conviction Outside Five Years
The Florida Statutes, §§ 316.193(2)(a) and 316.193(2)(a)(3) list the criminal penalties that are to be imposed for a conviction on a second DUI charge more than five years after the previous DUI charge:
- Jail sentence of up to nine months (no minimum); and/or
- A fine of $1,000 to $2,000; and
- Mandatory placement and payment for at least one year of an approved ignition interlock device (IID) on all vehicles owned by or leased by a convicted person, when a person qualifies for a restricted license
For a second DUI conviction, the court will impose additional mandatory requirements and penalties not specifically required under Florida Statutes, including:
- Probation (with the option of also imposing community service)
- Driver's license suspension (administrative suspension differs from court suspension)
- Vehicle immobilization or impound
- DUI school
- Additional fees and court costs
Second DUI Conviction within Five Years
If a second DUI conviction occurs within a period of five years, the penalties are enhanced and many of the additional requirements and penalties listed immediately above as optional are mandatory.
Mandatory punishments include the following:
- Minimum mandatory jail sentence of 10 days and a maximum sentence of up to nine months
- A fine of $1,000 to $2,000
- Vehicle impound or immobilization for 30 days (mandatory except in certain cases)
- Driver's license revocation for five years (no possible reinstatement for one year)
- Mandatory placement and payment for at least one year of an approved Ignition Interlock Device (IID) on all vehicles owned by or leased by a convicted person, when a person qualifies for a restricted license
- Probation (mandatory) of up to one year
- Community service (mandatory) of up to 50 hours
- DUI school
- Alcohol and /or drug evaluation and treatment
- Additional fees and court costs
Anyone convicted of DUI for a second time is probably aware that a second conviction will often result in higher auto insurance rates.
Note: A second-time DUI offender convicted of DUI with a BAC of 0.15 or more, DUI with a child passenger, DUI with property damage or who is convicted of DUI with serious bodily injury or death will face even greater penalties than listed above.
Administrative Driver's License Suspension in a DUI Case
One of the major concerns for a person facing a second DUI charge is the status of his or her driver's license and if they will be able to continue to drive before, during, and after their trial.
No matter what the court eventually orders, an administrative driver's license suspension is mandated in any Florida DUI case. The administrative suspension is five years for a second DUI, although a person may apply for a hardship license after one year. This is the same penalty imposed on a person who refuses a DUI chemical test for the first time. These penalties may be able to be challenged by a skilled DUI attorney.
A temporary driving permit may be available in the aftermath of the arrest, but a person accused of DUI has only 10 days to request a formal review hearing before the Florida Board of Administrative Reviews (BAR), a division of the state's DHSMV.
A qualified attorney who represents a person accused of a second DUI and files a request for a formal review hearing in time may be able to secure a temporary driving permit for a client while fighting to invalidate the administrative suspension.
Find an Attorney for a Second DUI Charge in Miami, Florida
If you were charged with DUI for the second time anywhere in Miami-Dade County, it is imperative that you seek legal advice about your case.
At Hubbs Law Firm, we always offer a free initial consultation for potential DUI clients. We know the DUI laws and when we discuss your case, we can explain the charges, as well as the possible penalties that may be imposed and any possible defenses that may be pursued.
Our efforts may uncover problems with the prosecution's case that could lead to a reduction or dismissal of charges. Our goal in every DUI case is to avoid a conviction, but we are proud to say we are always prepared to confront charges of DUI at trial if necessary.
In addition to the cities of Miami and Miami Beach, we proudly serve clients all over Miami-Dade County, including Kendale Lakes and Tamiami to the west and South Miami, Kendall and Cutler Bay to the south, as well as communities north of Miami International Airport such as Hialeah and Miami Gardens.
Call Hubbs Law Firm today at (305) 570-4802 to schedule an appointment to discuss your DUI case.
- Florida Statutes, Title XXIII (Motor Vehicles), Chapter 316 § 316.193 — Driving Under the Influence — Read the Florida laws related to DUI and drunk driving offenses, including a Second DUI offense.
- Florida Department of Highway Safety and Motor Vehicles — The DHSMV website contains information about the administrative suspension driver's license laws related to DUI, as well as how to reinstate a Florida driver's license after an administrative suspension for a second DUI.
- Florida Licensed DUI Programs — Find information, fees, and locations related to licensed DUI programs in Miami-Dade County and throughout the state of Florida at this DHSMV website.
- Miami-Dade County Circuit Court — Find information on the county website about its criminal courts, including the DUI court. The criminal court for most DUI cases in Miami-Dade County is located at:
- Richard E. Gerstein Justice Building
1351 N.W. 12th St.
Miami, FL 33125
- Richard E. Gerstein Justice Building
Attorneys E.J. & Erika Hubbs
As professional Miami criminal defense attorneys, we take every case personally give every client the deliberate care it deserves. Our clients become part of our family and we fight relentlessly for their rights. Read more about us to find out how we can help you.
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