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Penalties for a Second DUI in Florida

If you have been arrested for a second DUI in St. Petersburg or Clearwater in Pinellas County (or any surrounding area including Manatee County, Sarasota County, Pasco County, Hillsborough County or Polk County), then contact an experienced DUI defense attorney in St. Petersburg.

The minimum mandatory punishments that you will face for a second DUI conviction depend on whether the second DUI arrest is counted as being “within 5 years of a prior conviction” or “outside of 5 years of a prior conviction.”

Second (2nd) DUI Penalties and Punishments Under Florida Law

Florida State Statute 316.193 sets out the minimum mandatory punishments for a second DUI outside of five years including:

  • Fine for a second DUI conviction of not less than $1,000, or more than $2,000. If the driver blew over a 0.15 then certain enhanced penalties apply including an enhanced fine that may not be less than; $2,000, or more than $4,000. Florida Statute 316.193(2)(a)-(b).

  • Community Service for a second DUI conviction usually requires 50 hours of community service or an additional fine of $10 for each hour of community service that the individual decides to “buy out.” The courts typically allow only one half of the hours to be bought out. Florida Statute 316.193(6)(a).

  • Probation for a second DUI conviction requires a total period of probation and incarceration which may not exceed one year. If no jail time is require, the court will typically imposed 12 months of probation. Florida Statute 316.193(5)-(6).

  • Jail time for a second DUI conviction can not exceed 9 months unless the breath or blood alcohol concentration was 0.15 or higher in which case the court can impose imprisonment of up to twelve (12) months. If the second conviction is within 5 years then a mandatory imprisonment of at least 10 days if required during which at least 48 hours must be consecutive. Florida Statute Section 316.193(2)(a), 2, 4(b), (6)(j).

  • Immobilization or Impoundment of your vehicle is required for a second DUI conviction within five years under Florida law for 30 days which must not occur concurrently with incarceration. If the second DUI occurred outside of five (5) years then a 10 day period of impoundment is required. Furthermore, the judge may dismiss the order of impoundment of any vehicle owned by the defendant if the vehicle is driven solely by other employees of a business owned by the defendant. Florida Statute Section 316.193(6).

Reinstating Your Florida Driver’s License After a Second DUI Conviction

If you are convicted of DUI in Florida, including St. Petersburg or Clearwater in Pinellas County, the court must impose a driver’s license revocation that begins when the plea is entered and last from 6 months to 12 months thereafter if the second DUI conviction occurred outside of five years. The main problem is that you are not eligible for a hardship license during the six to twelve month period even if the prior DUI occurred more than 5 years earlier.

If the second DUI offense occurs within 5 years of a prior conviction then you will receive at least a five year revocation. You can not even apply for a hardship driver’s license with the Florida Administrative Review Office until after you have served at least 12 months of the hard suspension (during which time you can not drive for any reason).

Before the revocation period expires, you may apply for a hardship license at the Administrative Reviews Office in the county where you live after you have completed DUI school and treatment. If you wait to reinstate your Florida driver’s license until after the revocation period is over, then you must still show proof of enrollment or completion in DUI school and treatment.

DUI Information Center


Contact The Morris Law Firm, P.A. After Your Arrest for a Second DUI

The Morris Law Firm, P.A. understands the direct and indirect consequences that can occur after a DUI arrest. For many people facing a second DUI, the perspective of not being able to drive for any reason for 6 months to five years is unimaginable.

When the states are high, contact an experienced St. Petersburg Criminal Defense Attorney at (727) 388-4736 for any second DUI case in Clearwater, Florida, or the surrounding areas including Bradenton in Manatee County, Sarasota in Sarasota County, Tampa in Hillsborough County, Dade City or New Port Richey in Pasco County, Florida.

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