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TRAF1037 “For a second conviction, by mandatory placement for a period of at least 1 year, at the convicted person’s sole expense, of an ignition interlock device”
What is TRAF1037?
A charge code used in Hillsborough County, Florida Criminal Cases. It represents a second DUI misdemeanor charge, double the penalties, a mandatory ignition interlock, and a harsh driver’s license suspension, without a business purposes license for months.
Charged with TRAF1037 DRIVING UNDER THE INFLUENCE Second Conviction – Call an expert defense attorney at 813-222-2220.
What is TRAF1037?
TRAF1037 is a charge code used in Hillsborough County, Florida, representing a second DUI misdemeanor. A DUI (Driving Under Influence) second conviction is a serious offense with significant consequences. This charge signifies that the individual has previously been convicted of a DUI and is now facing a second conviction, which entails more severe penalties. The legal ramifications of a second DUI conviction under TRAF1037 include:
- Double Penalties: The fines and penalties for a second DUI conviction are typically doubled compared to a first offense. This means higher fines, longer jail sentences, and more stringent probation requirements.
- Mandatory Ignition Interlock Device: The convicted individual is required to install an ignition interlock device in their vehicle at their own expense. This device requires the driver to provide a breath sample before starting the car, ensuring they are not under the influence of alcohol. The mandatory period for this device is at least one year.
- Driver’s License Suspension: A second DUI conviction results in a harsh driver’s license suspension. During this suspension period, the individual cannot obtain a business purposes license for several months, severely impacting their ability to commute for work or other essential activities.
Understanding the Charges
Charged with TRAF1037 DUI 2nd Conviction? It’s crucial to seek expert legal representation to navigate the complexities of DUI law and to mitigate the potential consequences. Call an experienced defense attorney at 813-222-2220 for professional assistance and to discuss your legal options.
Legal Details
- Form Code: TRAF1037
- Florida Statute: 316.193
- Level: Misdemeanor
- Degree: 1st
Description: DUI 2nd Conviction
TRAF1037 DUI 2nd Conviction is a common charge in Hillsborough County, Florida. It is essential for individuals charged under this code to understand the legal implications and to seek immediate legal counsel.
Florida DUI Law (316.193)
Under this law, a person is guilty of DUI if they are driving or in actual physical control of a vehicle within the state of Florida and:
- Under the Influence: The individual is under the influence of alcoholic beverages, chemical substances as outlined in s. 877.111, or controlled substances as listed in chapter 893, to the extent that their normal faculties are impaired.
- Blood-Alcohol Level: The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood.
- Breath-Alcohol Level: The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
Penalties for Second Conviction:
- Fines:
- Not less than $1,000 or more than $2,000 for a second conviction.
- Imprisonment:
- Not more than 9 months for a second conviction.
- Ignition Interlock Device:
- Mandatory placement for a period of at least 1 year, at the convicted person’s sole expense. This device must be installed on all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person when they qualify for a permanent or restricted license.
For a detailed overview of penalties and legal requirements, refer to Chapter 316 STATE UNIFORM TRAFFIC CONTROL.
Additional Legal Consequences
A second DUI conviction carries additional legal consequences beyond fines, imprisonment, and mandatory ignition interlock. These can include:
- Probation: Mandatory probation periods with strict compliance requirements.
- Community Service: Obligation to complete a specified number of community service hours.
- DUI School: Attendance and completion of DUI school or substance abuse programs.
- Impact on Insurance: Increased auto insurance rates or potential loss of coverage.
Legal Representation
Facing a second DUI conviction can be daunting, but having an experienced attorney on your side can make a significant difference. An expert defense attorney can:
- Review the details of your case to identify any potential weaknesses or errors.
- Advise you on your rights and legal options.
- Represent you in court and negotiate on your behalf.
- Help minimize the impact of the charges on your life and future.
For professional legal assistance, contact 813-222-2220 to speak with an expert defense attorney today.
For more information on DUI laws and penalties in Florida, visit the
Sources for this Article:
Form Code: TRAF1037
Florida Statute: 316.1933.C12A
Level: Misd (Misdemeanor)
Degree: 1st
Description: DUI 2ND CONVICTION
TRAF1037 DUI 2ND CONVICTION is often charged in Hillsborough County, Florida.
Title XXIII MOTOR VEHICLES
Chapter 316 STATE UNIFORM TRAFFIC CONTROL
316.193 Driving under the influence; penalties.
(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
(2)(a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person who is convicted of a violation of subsection (1) shall be punished:
1. By a fine of:
a. Not less than $500 or more than $1,000 for a first conviction.
b. Not less than $1,000 or more than $2,000 for a second conviction; and
2. By imprisonment for:
a. Not more than 6 months for a first conviction.
b. Not more than 9 months for a second conviction.
3. For a second conviction, by mandatory placement for a period of at least 1 year, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.
(b)1. Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, the court shall order the mandatory placement for a period of not less than 2 years, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.
2. Any person who is convicted of a third violation of this section for an offense that occurs more than 10 years after the date of a prior conviction for a violation of this section shall be punished by a fine of not less than $2,000 or more than $5,000 and by imprisonment for not more than 12 months. In addition, the court shall order the mandatory placement for a period of at least 2 years, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.
3. Any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction for a violation of this section occurred, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, the fine imposed for such fourth or subsequent violation may be not less than $2,000.
(3) Any person:
(a) Who is in violation of subsection (1);
(b) Who operates a vehicle; and
(c) Who, by reason of such operation, causes or contributes to causing:
1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
2. Serious bodily injury to another, as defined in s. 316.1933, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
3. The death of any human being or unborn quick child commits DUI manslaughter, and commits:
a. A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
b. A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:
(I) At the time of the crash, the person knew, or should have known, that the crash occurred; and
(II) The person failed to give information and render aid as required by s. 316.062.
For purposes of this subsection, the definition of the term “unborn quick child” shall be determined in accordance with the definition of viable fetus as set forth in s. 782.071. A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years.
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