What Are the Consequences of a 2nd DUI

Driving under the influence (DUI) is a serious offense in Florida, carrying significant legal consequences. Every Florida DUI charge should be defended as vigorously as possible because successive offenses escalate the penalties so significantly. The best defense to a 2nd DUI is to avoid getting convicted of a first DUI. That’s why you should work with the best DUI defense lawyer you can find.

At Stechschulte Nell, Attorneys at Law in Tampa, is among the most qualified and experienced DUI defense lawyers in Florida. Our criminal defense lawyers include a former DUI prosecutor who has been defending DUIs successfully by using the skills learned in the prosecution office and by knowing what the prosecution’s decisions are based on. With years of experience on both sides of the DUI courtroom, Stechschulte Nell will present the strongest defense possible given the circumstances of each client’s case. If you are charged with DUI in Florida, call Stechschulte Nell for the highest quality DUI defense.

Proving DUI in Florida

Florida law provides the prosecution with two avenues by which to prove a defendant committed a DUI offense. First, as most people are aware, the prosecutor can convict a defendant by proving beyond a reasonable doubt that the driver:

Was driving or in physical control of a motor vehicle,
while the driver had a blood/breath alcohol concentration (BAC) of 0.08 or more grams of alcohol per 100 milliliters of blood or 210 liters of breath.

Was driving or in physical control of a motor vehicle,
while under the influence of alcohol or drugs to the extent that their normal faculties were impaired.

The penalty for a first DUI conviction includes possible jail for six months, a fine between $500 and $1,000, up to a year of probation, a 6-month license suspension, DUI school, 50 hours of community service, and possible mandatory installation of an ignition interlock device (IID).

More Severe Consequences for a Second DUI in Florida

The goal of the legislature in enacting strict first-offense DUI sanctions was to discourage any Florida driver from committing a second offense. But people make mistakes when celebrating, others try to forget trouble or sadness, and still others suffer from Alcohol Use Disorder (AUD) or other substance addiction.

To underscore the message attempted to be conveyed with a first-time DUI penalty, Florida’s lawmakers increased second-offense DUI penalties considerably.

Criminal Law Penalties: A second DUI offense in Florida triggers fines ranging from $1,000 to $4,000 and imprisonment for a minimum of 10 days up to 9 months. If the second DUI occurs within five years of the first, mandatory jail time increases to a minimum of 10 days and up to 12 months.
Driver’s License Suspension: Following a second DUI conviction, the defendant’s driver’s license will be revoked for a minimum of five years. However, after one year of the revocation period elapses, the driver may be eligible for a hardship reinstatement, allowing them to drive for business or employment purposes only. To regain full driving privileges, completion of a DUI school and treatment program is mandatory.
Ignition Interlock Device (IID): A second offense DUI means installation of an ignition interlock device is mandatory for a minimum of one year, with the possibility of extension. This device requires the driver to blow into it before starting the vehicle, measuring blood alcohol concentration (BAC). If the BAC exceeds the predetermined limit, the vehicle will not start. The device must be installed in all the driver’s registered vehicles as well as those they usually drive, even if registered to another family member. Defendants who drive an employer’s vehicle as part of the required work duties may obtain a waiver for the employer’s vehicle, but only after they obtain certification that the employer has been formally notified of the DUI. Drivers should know an employer is not legally required to keep the convicted DUI driver on as an employee if driving is essential to the worker’s duties.
Probation: Individuals convicted of a second DUI offense are likely to face probation, typically lasting between one to two years. Probation conditions may include regular check-ins with a probation officer, adherence to a curfew, refraining from consuming alcohol or drugs, attendance at alcohol counseling sessions, etc.
Vehicle Impoundment or Immobilization: Florida law permits the impoundment or immobilization of the offender’s vehicle for a period of 30 days, unless the family of the offender has no other transportation, and the vehicle is the only one owned by the offender.
Community Service: A second DUI conviction often entails a mandatory 50 hours of community service or an additional fine of $10 for each hour of required community service.
Criminal Record: A second DUI conviction results in an additional criminal record which can have far-reaching implications on employment opportunities, housing, and personal relationships. Expungement or sealing of the record is not possible under Florida law. And unlike in some other states, Florida permits full public access to the records of people with criminal convictions. Not only will your current employer be able to learn of the DUI, but so will your family members, your children, your neighbors, your children’s friends’ parents, and other coworkers and social acquaintances. It will be discoverable by potential landlords, mortgage loan officers, and other potential creditors.

How an Experienced DUI Defense Lawyer Can Help

The DUI defense lawyers at Stechschulte Nell possess in-depth knowledge of Florida DUI laws and courtroom procedures. They assess the details of the case, identify any potential weaknesses in the prosecution’s evidence, and develop a strategic defense tailored to the individual circumstances of each case.

In some cases, an experienced DUI defense attorney may negotiate with the prosecution to secure a plea bargain, reducing the charges or penalties. This could involve pleading guilty to a lesser offense, such as reckless driving, which carries lighter consequences.

Stechschulte Nell’s DUI defenders scrutinize the evidence gathered by law enforcement officers, including field sobriety test results, breathalyzer readings, and dashcam footage. They may challenge the legality of the traffic stop, the accuracy of the testing equipment, or the conduct of the arresting officer.

Even in cases where guilt is established, our skilled DUI defense attorneys can advocate for reduced penalties, such as a shorter license suspension, reduced fines, or alternative sentencing options, such as participation in a rehabilitation program instead of imprisonment.

In addition to criminal charges, DUI offenders must expect administrative proceedings with the Department of Highway Safety and Motor Vehicles (DHSMV) to contest the suspension of their driver’s license. The right DUI defense lawyer is critical in these administrative hearings and works to preserve the driver’s driving privileges whenever possible.

Throughout the legal process, we safeguard the rights and interests of our clients, ensuring they receive fair treatment and due process.

If you are charged with DUI in Florida, especially a 2nd or subsequent offense, contact our office at 813-280-1244 for a full analysis of your case and a discussion of the most effective defense tailored to your individual circumstances.