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Is anyone there. Flolrida. This will be my second DUI. I had…

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This will be my second DUI. I had had one drink. I did not take the test. I am a retired school teacher just this week. I am scared. IS there any way I could get out of this. IT will ruin my life. It says there is mandatory jail time.

Submitted: 6 months ago.Category: Legal
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11/24/2017
Lawyer: Ray, Lawyer replied 6 months ago
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Lawyer: Ray, Lawyer replied 6 months ago

Here in Florida, DUI repeat offenders face serious penalties. The consequences of a second-offense DUI typically include fines, license suspension, vehicle impoundment, and having to install an ignition interlock device (IID). There’s also mandatory jail time for motorists who are convicted of a second DUI in five years. The penalties for a second-offense DUI are further enhanced where the driver had a blood alcohol concentration (BAC) of .15% or more, was involved in an accident that resulted in property damage or someone being injured, or had a passenger under the age of 18.

In Florida the “look-back” period is the amount of time that DUI convictions stay on your record for the purpose of determining whether a subsequent DUI will be punished as second or third offense. For some sentences purposes—including determining the fines and maximum jail sentence—a DUI will be counted as a second-offense regardless of how long ago the prior DUI occurred. For other purposes, such as the minimum jail time, there’s a five-year look-back period.

In Florida, most second-offense DUIs are misdemeanors. However, any DUI (including a second) can be charged as a third degree felony if the driver was involved in an accident where another person suffered “serious bodily injury.”

Administrative Penalties

License suspension. Generally, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) will administratively suspend the license of a motorist who’s arrested for driving with a BAC of .08% or more. The suspension will be for one year if the driver’s license was previously suspended by the DHSMV for DUI. Drivers who refuse to submit to chemical testing in violation of Florida’s “implied consent” laws face an administrative suspension of at least one year (18 months with a prior refusal). Ordinarily, an administrative suspension is possible even if the person isn't ultimately convicted of a DUI in criminal court.

A person whose license is suspended for DUI can often get a “hardship” license (sometimes called a “restricted” license). Hardship licenses are typically for driving only to and from work, school, church, and medical appointments. A person whose license is suspended for driving with a BAC of .08% or above will generally be eligible for a hardship license after completing 30 days of the administrative suspension. For the first 30 days of the suspension—often called the “hard” suspension period—the person won’t be allowed to drive at all.

(Read more about hardship licenses.)

Criminal Penalties

Jail time. For DUI second-offenders with a prior conviction within the last five years, there’s a minimum 10-day jail sentence. The maximum possible sentence depends on the circumstances of the case. Here are the maximum jail terms for second-offense DUIs involving the following circumstances:

  • nine months for a standard second DUI
  • one year for a second DUI with a BAC of .15% or more
  • one year for a second DUI with a passenger under 18 years old
  • one year for all DUIs (including a second) if there was an accident involving property damage or minor injuries, and
  • five years for all DUIs where there was an accident involving “serious bodily injury.”

Fines. A standard second-offense DUI carries fines ranging from $1000 to $2000. But if you get a second DUI and your BAC was .15% or greater or you had a passenger under 18 years old, the fines will be from $2000 to $4000. And for all DUIs where another person suffered “serious bodily injury,” fines can be up to $5000.

License revocation. Where a driver had a prior DUI conviction within the past five years, a second DUI conviction carries a license suspension of at least five years. The suspension for a second DUI conviction is separate from the administrative suspension discussed above. However, this doesn’t mean that a driver will always have to complete the two full suspensions—oftentimes the suspensions will have at least some overlap.

Ignition interlock devices. For all second-offense DUIs, IIDs are mandatory for at least one year.

Vehicle impoundment. For a second DUI conviction within a five-year period, the driver’s car will be impounded for at least 30 days. The 30 days can’t overlap with any time that the driver spends in jail for the DUI conviction.

You really need to lawyer up , if the lawyer can try this and prevail or plead it down to lesser offense you can avoid jail otherwise they are really strict here in Florida on this issue.

I appreciate the chance to help you today.Thanks .

If you can positive rate 5 stars it is much appreciated.

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