Second DUI in Florida
March 17, 2017
So you’ve already been through the scariness and discomfort of getting a first DUI in Florida. You were probably afraid and worried about what would happen next.
Hopefully, you had a good lawyer who helped you get through that difficult time.
It seemed like you already paid the price for your mistake and that everything was over. But then it happened again.
Are you currently facing a second DUI charge in Florida? As scary as the first DUI was, your second one probably seems even more frightening.
Getting charged again for another DUI means you’re already at 2 strikes. So what are you going to do to make it through this tough situation?
Before making any moves to take care of your second DUI charge in Florida, take a look at our guide.
Here are the most important things that you need to know after getting a second DUI in Florida:
1. Know Your Rights
You should always know your rights, and if you don’t know them, then review them or ask a lawyer for advice.
In some states, you are not required to take a breathalyzer test before you are arrested.
Breathalyzers have been proven to miscalculate Blood Alcohol Content levels at times. Therefore, if you were arrested based on the results of a breathalyzer test, the test may have been inaccurate.
This would also mean that you were wrongfully arrested.
You are only required to submit to a chemical exam once you are already arrested. This can include a breathalyzer exam or a blood test.
You will need to review this information depending on where you live. However, in Florida, it is illegal to refuse a breathalyzer test twice.
If you’ve never refused one before, then you will be in the clear if you wanted to refuse the test when you get pulled over for your second DUI. In addition, even if you are guilty, you still have the right to fight the case or conviction.
It doesn’t matter if it’s your first or second DUI in Florida. You can still get a great attorney to help you out with your situation.
2. They Want to Punish You
Another important thing you should know about getting a second DUI in Florida is that the prosecutors want to punish you.
They will do whatever they can to prove that you are guilty.
You will definitely need an attorney, as there will be some bias towards you because this is your second DUI in Florida. The prosecution will have already made their judgments about you because it’s not just your first time around.
Obviously, this is not fair. The only thing you can do in this situation is to get a very good lawyer who can try to help you out as much as possible.
3. There Will Be More Penalties
When you get a second DUI in Florida, there will be more penalties than you might have received after your first DUI.
In Florida, a second DUI is considered quite a serious crime, and it is not taken lightly. If you are proven guilty, you will be given at least the minimum penalties for your crime.
Nevertheless, the penalties will be a lot harsher if you’ve had more than one DUI within a 5-year span.
For instance, if this is your second DUI in Florida within 5 years, your license will definitely get revoked for a minimum of 5 years. You will be on probation for up to a year, and you may even need to go to jail.
Additionally, you will have to do 50 hours of community service and pay a fine anywhere from $1,000 to $2,000. You will also be required to take a DUI School course and Substance Abuse Evaluation, and keep an ignition interlocking device.
If it has been more than 5 years since your last DUI in Florida, the penalties will be a little bit more lenient. Your penalties will still include a fine between $1,000 to $2,000 and you will be required to have an ignition interlocking device.
Your potential jail time will probably be less than what it would have been if you got 2 DUI’s within 5 years.
4. Probable Jail Time for A Second Dui in Florida
After your first DUI, you may have not needed to do any jail time for your crime.
However, after your second DUI in Florida, there is a better chance that you will have to go to jail, even if it’s just for a few days.
Your jail time can be anywhere from 10 days and up to a year. Judges may not be so lenient with you since this won’t be your first DUI.
5. You Need an Attorney that Is Familiar with Florida’s DUI Laws
For a second DUI in Florida, you will need to get an excellent attorney, who may even be better than the one you had for your first DUI.
The jury is not going to go easy on you, no matter what your story is. You need to make sure that you are prepared before your trial.
This means that the attorney you decide to hire should be extremely familiar with Florida’s DUI policies. You will still have a chance to defend yourself and maybe even get your charges dropped or reduced.
Write down or tell your lawyer everything that happened when you got pulled over for a DUI. Do not talk to the police without your lawyer present.
Also, remember that you are not guilty until you are proven guilty.
Your attorney can possibly help you win your case even if you think that you’re going to lose, or they can help you get a good plea bargain. Do not try to fix your situation without a lawyer’s assistance.
If you or someone you know has been charged with a DUI, contact us for legal assistance.
Our lawyers at Gutin & Wolverton are very experienced.
We always protect our clients and give them the best legal services that they deserve.