Second DUI Offense

A second DUI violation in Florida carries harsh consequences. You may be imprisoned, placed on probation, lose your driver’s license, and/or have your vehicle impounded or immobilized. These penalties can create serious hardships in various aspects of your life. Still, you can seek to avoid or minimize them by aggressively fighting your charge. Because the legal system is so complex, it may be best to handle your case with the help of a criminal defense attorney. They can discuss ways to challenge the allegations against you and pursue a favorable outcome.

At the DUI Law Group, our DUI defense lawyers have over 50 years of combined experience representing clients through complex legal matters. Our team delivers personalized attention and will listen to your side of the story to develop a customized strategy for your case. Recognizing how stressful and frightening the situation may be, we will maintain open and honest communication, ensuring that you understand your rights and legal options and allowing you to make informed decisions about how your case proceeds.

If you have been charged with a second DUI in Naples, contact our attorneys at (239) 449-8585 today.

Under Florida Statutes § 316.193, it is unlawful for any person to drive or be in actual physical control of a vehicle while intoxicated.

A driver is considered intoxicated if they:

• Were under the influence of drugs and/or alcohol to the point that their normal faculties (e.g., judgment, coordination) were impaired and they were unable to operate their vehicle safely; or
• Had a breath or blood alcohol level of 0.08 or more.

A second DUI is a misdemeanor. The potential penalties vary based on the driver’s breath or blood alcohol level, when their prior DUI conviction occurred, and who was in the vehicle.

If the person’s alcohol level was between 0.08 and 0.149, a conviction could result in:

• A fine between $1,000 and $2,000
• Imprisonment for not more than 9 months
• Driver’s license revocation for 180 days to 1 year
• Mandatory installation of an ignition interlock device of at least 1 year on any vehicle the person owns and operates if they receive a permanent or restricted driver’s license
• Completion of a substance abuse course which must include a psychological evaluation
• Attendance in substance abuse treatment if referred

If the driver’s alcohol level was 0.15 or higher or they had a person under 18 years of age in the vehicle at the time of the offense, the penalties include:

• A fine between $2,000 and $4,000
• Imprisonment for up to 12 months
• Up to 12 months of probation
• Driver’s license revocation for 180 days to 1 year
• Mandatory installation of an ignition interlock device for not less than 2 years on any vehicle the person owns and operates if they receive a permanent or restricted driver’s license
• Completion of a substance abuse course which must include a psychological evaluation
• Attendance in substance abuse treatment if referred

If the second offense occurred within 5 years of a prior DUI conviction, the driver might face the following penalties: 

• Mandatory imprisonment for at least 10 days, 48 hours of which must be consecutive
• Vehicle impoundment or immobilization for 30 days as a condition of probation (impoundment or immobilization cannot occur concurrently with imprisonment)
• Driver’s license revocation for at least 5 years

The penalties could be more severe if the incident resulted in bodily injury to or death of another person.

Although a second DUI charge is serious and harsh penalties can be imposed, these cases are not hopeless. Depending on the situation, defenses can be raised to fight the charge and seek a just result.

Some of the ways to challenge a second DUI accusation include:

• Unlawful traffic stop: Police officers must have reasonable suspicion to pull someone over. That means they must have a justifiable belief that a driver violated a traffic law or committed a crime. Without that belief, the stop may be a violation of the person’s rights, and evidence the officer obtained may be inadmissible in court.
• Illegal arrest: As with making a traffic stop, police officers must have a justifiable reason for arresting someone. If their observations did not give probable cause for the arrest, the evidence might be suppressed, weakening the prosecutor’s case.
• Invalid chemical test results: Agencies must follow strict protocols for maintaining testing machines and administering the tests. Any deviations may cause a faulty analysis and inaccurate results.

At the DUI Law Group, our Naples  DUI defense lawyers will thoroughly review the facts of your case. From there, we will develop a defense tailored to your situation.

Various avenues can be explored to pursue a favorable outcome in a second DUI case. Our team can discuss your options and help you see a path forward.

Please contact our firm at (239) 449-8585 to learn how we can help with your case.