Miami Second DUI Defense Attorney

The penalties imposed by Florida courts can be substantially more severe for a person with a previous DUI conviction on their record. Judges and juries may be more willing to accept a person’s claim that a driving under the influence (DUI) arrest was an isolated occurrence unrepresentative of the normal care that the individual takes in a motor vehicle when the alleged offender has not been previously convicted of drunk driving. When a person arrested for DUI in Florida does have a prior conviction on his or her record, a judge or juror is less likely to be sympathetic.

Prosecutors in Florida take any repeat drunk driving offense seriously and often pursue very serious penalties for the people accused of these crimes. The possible severity of the consequences of a second DUI conviction depends on whether the alleged offender’s previous arrest occurred within the five-year look-back period.

When a person is arrested for a second DUI in Florida, it will typically be classified as a first-degree misdemeanor. Those that are arrested twice within the look-back period face enhanced penalties. It’s important to note that convictions for alcohol-related driving violations in other states can be counted as prior convictions in Florida.

Under Florida Statute §316.193(2)(a), a second DUI conviction is punishable by up to 9 months in jail and/or a fine ranging anywhere from $2,000 to $4,000. Second offenses committed within the look-back period are also punishable by a minimum of 10 days in jail.

An alleged offender arrested for his or her second DUI offense can have his or her driver’s license suspended for 180 days to 1 year. If a person’s prior conviction falls within the look-back period, his or her license may be suspended for a minimum of 5 years with no restricted driving privileges being available for the first 12 months. Individuals have only 10 days to request a formal review hearing to contest the administrative suspension of their driver’s license.

A court will also order the placement, at the alleged offender’s sole expense, of an ignition interlock device (IID) for at least one year upon all vehicles that are individually or jointly leased or owned and routinely operated by the alleged offender. For alleged offenders with BAC levels of 0.15 or higher, the IID period is two years.

The court must also, as a condition of probation, order the impoundment or immobilization of all vehicles owned by the alleged offender at the time for a period of 30 days or for the unexpired term of any lease or rental agreement that expires within 30 days.

A person could also face additional penalties that may include community service, probation, and DUI School attendance.

The Aggressive Representation You Need

If you were arrested for a DUI and have a pending offense, or you were previously convicted of DUI, the penalties you are facing could put your career and freedom in serious jeopardy. However, an experienced Miami second DUI defense attorney handling your case could help preserve your freedom and livelihood. Attorney Evan Hoffman of The Hoffman Firm has over 40 years of experience successfully representing clients faced with DUI offenses.

Our firm assists clients throughout Fort Lauderdale as well. To schedule a free consultation, call us at (305) 928-1669 for Miami, 954-737-3004 for Broward County, or contact us online.