1st Time DUI, 2nd Time DUI Or More

Second DUI in Florida

This is not your first rodeo. You need special help now.
This is not your first rodeo. You need special help now.

The outlined DUI charges present a graduated scale of penalties in Florida, reflecting the severity of offenses and the presence of aggravating factors. For a first DUI with a blood alcohol concentration (BAC) below 0.15, the total fines and costs amount to $983, with a 12-month probation period and a 6-month to 1-year driver’s license revocation. In contrast, a first DUI with a BAC of 0.15 or higher or involving a person under 18 in the car incurs higher fines at $1,518, a potential 9-month jail term, and an additional mandate of a 6-month Ignition Interlock.

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Second DUI offenses within a 5-year span witness a substantial escalation in penalties. For those with a BAC below 0.15, the fines remain at $1,518, but the probation period extends to 12 months, and a mandatory 5-year license revocation is imposed. The jail time increases to a potential 9 months, with a 30-day vehicle impound and an obligation for the offender to undergo a year of Ignition Interlock. In cases of a second DUI within 5 years with a BAC of 0.15 or higher, fines rise to $2,558, the jail term can extend up to 12 months, and the Ignition Interlock period is extended to 2 years.

Notably, a second DUI occurring outside a 5-year timeframe, with a BAC below 0.15, incurs penalties similar to a first-time offense, but with an increased 30-day vehicle impound and an extended Ignition Interlock requirement of 1 year. These penalties collectively illustrate the state’s stringent approach to DUI enforcement, intensifying consequences for repeat offenses and instances of elevated impairment.

Comparing Different Types of DUI Charges

1. First DUI: BAC below 0.15

  • Total Fines & Costs: $983.00
  • Probation Period: 12 months
  • License Revocation: 6 months to 1 year
  • Jail Time: Up to 6 months
  • Vehicle Impound: 10 days
  • Other Penalties: DUI School/Alcohol Evaluation & Treatment, 50 hrs Community Service

2. First DUI: BAC 0.15 or higher or person less than 18 in the car

  • Total Fines & Costs: $1,518.00
  • Probation Period: 12 months
  • License Revocation: 6 months to 1 year
  • Jail Time: Up to 9 months
  • Vehicle Impound: 10 days
  • Other Penalties: DUI School/Alcohol Evaluation & Treatment, 50 hrs Community Service, 6 months Ignition Interlock

3. Second DUI within 5 years: BAC below 0.15

  • Total Fines & Costs: $1,518.00
  • Probation Period: 12 months
  • License Revocation: Mandatory 5 years
  • Jail Time: Up to 9 months (mandatory 10 days)
  • Vehicle Impound: 30 days
  • Other Penalties: Multiple Offender DUI School/Alcohol Evaluation & Treatment, 1 year Ignition Interlock

4. Second DUI within 5 years: BAC 0.15 or higher

  • Total Fines & Costs: $2,558.00
  • Probation Period: 12 months
  • License Revocation: Mandatory 5 years
  • Jail Time: Up to 12 months (mandatory 10 days)
  • Vehicle Impound: 30 days
  • Other Penalties: Multiple Offender DUI School/Alcohol Evaluation & Treatment, 2 years Ignition Interlock

5. Second DUI outside 5 years: BAC below 0.15

  • Total Fines & Costs: $1,518.00
  • Probation Period: 12 months
  • License Revocation: 6 months to 1 year
  • Jail Time: Up to 9 months
  • Vehicle Impound: 10 days
  • Other Penalties: Multiple Offender DUI School/Alcohol Evaluation & Treatment, 1 year Ignition Interlock

Comparison:

  • Fines and costs increase for repeat offenses and for cases with a higher BAC.
  • Probation periods remain consistent at 12 months for most cases.
  • License revocation periods increase for repeat offenses, with mandatory 5-year revocation for second offenses within 5 years.
  • Jail time varies, with longer sentences for repeat offenses and higher BAC.
  • Vehicle impound periods increase for repeat offenses.
  • Additional penalties, such as Ignition Interlock and longer treatment requirements, are imposed for repeat offenses and cases with higher BAC.

Summary

The provided information details various penalties associated with DUI offenses in Florida. The severity of consequences escalates based on factors such as Blood Alcohol Concentration (BAC) and whether it’s a repeat offense. Fines, probation periods, license revocation, jail time, and additional mandates like Ignition Interlock increase for higher BAC levels and repeated violations within a specified timeframe. The state employs a stringent approach, emphasizing escalating repercussions for elevated impairment and recurrent DUI offenses.

 

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1st Time DUI, 2nd Time DUI Or More

DUI Hardship License – Not Eligible

When Are Drivers Not Eligible for a DUI Hardship License?

In this article, we’ll talk about when drivers are not eligible for a DUI hardship license. A DUI hardship license can be a lifesaver for individuals whose regular driver’s license has been suspended or revoked due to a DUI-related offense. It allows them to drive for essential purposes, such as work or school. However, not everyone is eligible for this type of license. There are specific situations that make you ineligible for a hardship license, and we’ll explain them in a friendly, easy-to-understand way.

"Discover when drivers are ineligible for a DUI hardship license. We explain various situations that can disqualify you and provide friendly insights in easy-to-understand language." In Florida, a Hardship License is a special type of driver’s license that is issued to individuals whose regular driver’s license has been suspended, revoked, or canceled due to a DUI (Driving Under the Influence) conviction.
For more information or legal assistance regarding DUI hardship licenses in Florida, you can contact Casey at (813) 222-2220.

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Second and Subsequent DUI Refusal to Submit to Chemical Test

One of the situations that can make you ineligible for a DUI hardship license is having a second or subsequent DUI refusal to submit to a chemical test. This means that if you’ve been charged with a DUI, and you refuse to take a chemical test on multiple occasions, you won’t be eligible for a hardship license. The details of this can be found in Florida Statute 322.271 (2)(a).

DUI with Serious Bodily Injury and Multiple Prior DUI Convictions

If you’ve been convicted of a DUI that resulted in serious bodily injury and have two or more prior DUI convictions on your record, you are not eligible for a DUI hardship license. Serious bodily injury cases are taken seriously, and the law does not permit the issuance of a license in such circumstances. This information is available in Florida Statute 322.271 (2)(a).

DUI Conviction with a Five or Ten-Year Revocation

In some cases, if you have a DUI conviction that led to a five or ten-year revocation of your driver’s license, you won’t be eligible for a DUI hardship license. The severity of the revocation period depends on the specific circumstances of your DUI case. Details about this can be found in Florida Statute 322.271 (2)(a).

Driving with Unlawful Blood Alcohol Level with Multiple DUI Convictions and/or Multiple Prior Refusals

Driving with an unlawful blood alcohol level while having two DUI convictions and/or two prior refusals can make you ineligible for a DUI hardship license. It’s important to understand that repeated offenses can result in stricter consequences, and a hardship license may not be an option. You can refer to Florida Statute 322.271 (2)(a) for more information.

Possession of Some Controlled Substances (Felony)

Another situation that makes you ineligible for a DUI hardship license is being charged with the possession of some controlled substances as a felony. If you’re facing felony drug possession charges, you won’t be eligible for a hardship license. The relevant statute for this is Florida Statute 322.27 (6).

Fail to Pay Fines, Fail to Appear (D6 Suspensions by Court or Clerk)

If you’ve failed to pay fines or appear in court for certain offenses (D6 suspensions by court or clerk), you may not be eligible for a  license. It’s essential to fulfill your legal obligations and address any fines or court appearances as required by the law. You can find further information in the relevant Florida Statute.

Financial Responsibility Suspensions (Uninsured Crash Loss)

Drivers who face financial responsibility suspensions due to uninsured crash losses are also not eligible for a DUI hardship license. It’s crucial to maintain proper insurance coverage and take responsibility for any financial obligations related to accidents. Refer to Florida Statute for specific details on this situation.

Conclusion: In summary, a DUI hardship license can be a valuable solution for individuals facing driver’s license suspensions due to DUI-related offenses. However, there are specific situations where drivers are not eligible for such a license. It’s important to be aware of these situations and the corresponding Florida statutes to ensure compliance with the law. If you need legal assistance in navigating these complex issues, you can contact Casey at (813) 222-2220, who has the experience to guide you through the process. Remember, understanding the eligibility criteria for a license is essential for making informed decisions and abiding by the law.

(813) 222-2220 – Get Answers From An Expert