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SECOND DUI CONVICTIONS

Posted by John Rutkowski | Mar 31, 2018 | 0 Comments

Second Conviction within five (5) years of first DUI

Fine of no less than $1,000, not to exceed $2,000. If your blood-alcohol level or breath-alcohol level (BAC) exceeds .15 or if there was a minor in your vehicle at the time of the arrest, you are subject to a fine of no less than $2,000, but no more than $4,000.

Mandatory 10 days in jail, and a minimum of two of those days must be consecutive. The court can also sentence you to a jail sentence of no more than nine months.

Probation not to exceed 12 months.

Mandatory 50 hours of community service.

30-day vehicle impoundment/immobilization, which cannot take place at the same time that you are serving a jail sentence for the DUI conviction (see information on fist conviction to learn had immobilization occurs). You may be able to have the impoundment/immobilization waived, if you can show that your family has no other means of transportation.

The minimum driver's license revocation period is five years. However, you can apply for a hardship license, after completing the Level Two DUI school and after 12 months, which allows you to drive to and from work, doctor, Church, school, etc.

Completion of DUI School Level Two, which is designed for anyone who has had a prior DUI. and you must also submit to a substance abuse evaluation, psycho-social evaluation interview by a Certified DUI Evaluator and complete any treatment program that the evaluator recommends.

You must install an Ignition Interlock Device (IID), at your own expense for a minimum of 12 months. However, if your blood-alcohol or breath-alcohol level was .15 or more, the IID must be installed for a minimum of two years. https://www.intoxalock.com/florida/?ixphone=888-572-2213&ixsrc=GFL-EXP-license&gclid=EAIaIQobChMIgYLe8NDx2QIV3IKzCh0fGQOEEAAYAiAAEgJ9T_D_BwE/ This device will analyze your breath-alcohol level and if the level of your breath is above the legal, the device will prevent you engine from starting and you will not be able to drive.

Second Offense DUI That Occurs More Then Five Years After First DUI

Fine of no less than $500, and not to exceed $1,000. If your blood-alcohol level or breath-alcohol level exceeded .15, or if there was a minor in your vehicle at the time of the arrest, you are subject to a fine of no less than $1,000 and not to exceed $2,000. In some instances, if you cannot afford to pay the fines, you can petition the court for community service.

No mandatory jail time, but the court can sentence you to a maximum of six months, which is at a judge's discretion. If your blood-alcohol level or breath-alcohol level exceeded .15, or if there was a minor in your vehicle at the time of the arrest, the court can sentence you to a maximum of nine months, which is at a judge's discretion.

Probation of no more than 12 months, however, the combination of jail time and probation cannot exceed 12 months.

Mandatory 50 hours of community service.

10-day vehicle impoundment/immobilization, which cannot take place at the same time that you are serving a jail sentence for you DUI. You may be able to have the impoundment/immobilization waived, if you can show that your family has no other means of transportation.

Completion of DUI School Level I, which is the same 12-hour course you took as a first-time offender. You must also submit to a substance abuse evaluation and complete any treatment program that the evaluation recommends.

If your blood-alcohol level or breath-alcohol level exceeded .15, or if there was a minor in your vehicle at the time of the arrest, the court will order the installation of an Ignition Interlock Device (IID) in your vehicle for a period of (6) six months.

About the Author

John Rutkowski

Mr. Rutkowski has been practicing law for the past twenty years. Prior to practicing law Mr. Rutkowski served twelve years as a deputy sheriff, retiring to attend law school. Starting his law-enforcement career as a patrol deputy which included two years on the DUI squad; Mr. Rutkowski moved up the ranks becoming a corporal in the field training program which give him the responsibility for training new recruits.

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John P. Rutkowski, criminal defense attorney, is focused on all aspects, Criminal Defense, Driving Under the Influence and Divorce, Custody, Alimony, Child Support, and Division of Property. Contact us today to schedule an initial consultation.

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