Home
›
Criminal Defense
›
DUI
›
Second DUI

Second DUI Offense

Florida laws state that a person driving under the influence of alcohol (DUI) is committing a crime. Repeat DUI offenses can result in even more serious penalties. Penalties will be even more enhanced if the alleged offender was arrested within five years of their first DUI. Individuals who have been charged with a second DUI in Pensacola are advised to contact a DUI attorney.

The first thing you should do after a second DUI arrest is to hire an experienced criminal defense attorney. These cases can be complicated. It is highly recommended that you hire an attorney who has a strong focus on complicated DUI cases. A skilled Florida DUI defense attorney can evaluate your options and try to fight your charges.

Pensacola Attorney for Second DUI in Florida

Florida does not treat DUI offenses lightly. A repeat DUI offender may face heavy life-changing penalties. It is important to obtain legal representation if you or someone you know has been arrested for a second DUI in the Pensacola area.

John Terrezza is a knowledgeable criminal defense attorney in the Escambia County area. With years of experience, John Terrezza understands the intricacies of DUI laws in Florida. Additionally, John Terrezza is recognized in the legal community. He has been a member of several professional associations such as the National Association of Criminal Defense Lawyers (NACDL), and the Florida Association of Criminal Defense Lawyers (FACDL).

John Terrezza represents clients after a second DUI arrest in the First Judicial Circuit of Florida including Gulf Breeze, Navarre, Milton, and Pensacola.

Take charge of your DUI offense and future. Call Terrezza Law at (850) 764-5291 for a free consultation regarding your case today.

Overview for Second-Time DUI in Florida

Penalties for a Second DUI After 5 Years in Florida

Penalties after a first DUI conviction in Florida are enhanced if the subsequent offense was committed within 5 years. If a DUI is committed outside of 5 years of the prior conviction, the legal consequences will still be harsh. The following are penalties for a second DUI outside of five years of the last conviction.

Maximum jail time up to nine months;
Minimum fine of $1,000, but not exceeding $2,000;
50 hours of community service;
Ten days of impoundment or immobilization of the vehicle used;
Completion of a 21 hour DUI Substance Abuse Course;
Completion of a psychosocial evaluation;
Completion of any recommended substance abuse treatment;
At the expense of the offender, mandatory placement of an ignition interlock device (IID) for a period of one year.

The penalties for a second DUI can be enhanced in certain circumstances. The two aggravating circumstances are if the driver has a blood-alcohol level of 0.15 or higher or if a person under the age of 18 accompanies the driver. The additional penalties for these aggravating circumstances are the following:

Up to 12 months in jail;
Minimum fine of $2,000 and a Maximum fine of up to $4,000; and
Mandatory IID on all vehicles owned or used for no less than two years.

Florida Penalties for a Second DUI Within 5 Years

If you are convicted of a second DUI offense within five years of an initial conviction, the penalties are even stiffer. The following are the statutory minimum punishments:

Minimum of 10 days in jail
Maximum of up to 9 months in jail;
Minimum of 5 years revocation of your driver's license;
Maximum of 12 months probation;
Minimum fine of $1,000, but not exceeding $2,000;
50 Hours of community service;
Vehicle impoundment for 30 days;
Inability to obtain a hardship license for 12 months;
Completion of DUI Substance Abuse Course;
Completion of a substance abuse evaluation;
Completion of a psychosocial evaluation; and
At the expense of the offender, mandatory placement of an ignition interlock device for a period of one year.

The same aggravating circumstances for a second conviction within 5 years still apply here. That is, if a person is convicted of a second DUI with a blood alcohol content of 0.15 or higher or a person under the age of 18 accompanied the person, they will face these additional penalties:

Up to 12 months in jail;
Minimum fine of $2,000, but not exceeding $4,000; and
Installation of an Ignition interlock device for up to 24 months.

Commercial Drivers Penalties for a Second DUI Offense

Commercial drivers have more severe penalties than standard second DUI offenses. A commercial driver loses the ability from operating a commercial motor vehicle if he or she does any of the following:

Driving a commercial motor vehicle while in possession of a controlled substance;
Driving a commercial motor vehicle while under the influence of alcohol or a controlled substance;
Refusing to submit to a blood-alcohol or breath test to determine alcohol concentration while driving a commercial motor vehicle; or
Any conviction for driving a commercial motor vehicle with a blood alcohol level of 0.4 or above.

Additional Resources

Florida DUI Jury Instructions Ch. 28 – Visit the Standard Jury Instructions for Criminal Cases and view the wording the jury will follow during your trial. See the specifics, different definitions, and various penalties associated with driving under the influence.

DUI Legislation Signed by Governor Bush – Visit the website for the Florida Highway Safety and Motor Vehicle (FLHSMV) and read an article regarding former Governor Jeb Bush's approval of a bill for DUI enhanced penalties. See the punishment that follows if a driver refuses to take a field sobriety test, the penalties outlined for repeat offenders, and IID installations for second or third offenses.

Lawyer for Subsequent DUI in Pensacola, Florida

Florida courts do not treat repeat DUI offenders kindly. Situations do happen, and it is your right to obtain legal representation for your charges. Do not put yourself in a corner. Contact John Terrezza, an experienced criminal defense attorney today.

Attorney John Terrezza is aggressive in the courtroom and compassionate with clients. He will exhaust all possible resources to try to help you obtain the best results for your case. Additionally, John Terrezza treats every client with the utmost care. He understands that the court system can be overwhelming, and wants to walk you through every step of this process.

Terrezza Law defends clients throughout Santa Rosa County and Escambia County and adjoining communities including Milton, Pensacola, Gulf Breeze, Navarre, and Pensacola Beach.

Take charge of your DUI offenses. Call John Terrezza at (850) 764-5291 or submit an online contact form to speak to an experienced criminal defense attorney today.

This article was last updated on September 21, 2018.