Orlando Second Offense DUI Lawyer

Facing criminal charges for driving under the influence is an extremely stressful experience that has the potential to alter one’s life forever. For drivers facing charges for driving under the influence a second time, the consequences carry even more weight. Not only do perpetrators lose their license for a minimum of five years but they also face hefty fines, jail time and probation.

All across Central Florida, law enforcement officers aggressively pursue DUI arrests at all hours of the day and night. If you’re facing charges, you should understand the value of an experienced lawyer. Without the help of a headstrong criminal defense lawyer in Orlando, you could face severe repercussions that could affect your day-to-day life for the foreseeable future. 

Florida Penalties for DUI Within 5 Years of Your First Charge

Facing a second DUI is a serious offense that can lead to mandatory jail time. In Florida, entering a plea to the charge requires the court to impose mandatory minimum penalties. The severity of the penalties will depend on whether your second DUI occurred within five years of your first DUI conviction. 

Generally, your second DUI will be a misdemeanor offense with penalties similar to, but worse than, the penalties for your first one. However, a person who is convicted of a DUI in Florida for the second time may not have his record expunged. 

Those arrested for two DUIs in five years face the following penalties unless they avoid a conviction:

  • Mandatory license revocation for a minimum of five years
  • A minimum period of 10 days and a maximum of 9 months in jail
  • A maximum period of one year in jail with an elevated BAC (0.15% or higher)
  • A maximum period of one year in jail with a minor in the vehicle (if a passenger under the age of 18 was in the car at the time of the DUI stop)
  • A maximum period of one year in jail if your impairment led to an accident that caused property damage
  • Installation of an ignition interlock device (IID) for at least one year
  • 50 hours of community service
  • DUI school and a substance abuse evaluation
  • Probation (for a maximum of 12 months)

Fines will also accompany your sentence. Standard fines for a second-offense DUI range from $1,000 to $2,000 but can double for an elevated BAC or if a passenger under 18 was in your car at the time of the DUI stop. If a person sustained “serious bodily harm” due to your alleged intoxication, you could face a fine of up to $5,000.

If your second DUI conviction happens 5 or more years after your first conviction, these mandatory penalties will be enforced by the state of Florida:

  • Fines between $1,000 to $2,000
  • A maximum of 9 months in jail with no minimum jail requirement
  • Installation of an IID

Although the civil penalties for a second DUI after 5 years of your first conviction are less severe than the penalties for a second DUI within the first 5 years, the conviction has the potential to greatly impact one’s life. Often times, individuals with more than one DUI face extreme difficulty getting back on their feet after serving time in jail due to the obstacles they face attempting to find steady employment. 

The only way to negate the potential impact a second DUI has on your life is to hire an experienced attorney who knows the best defense strategies for a DUI conviction in Florida.

Knowledgeable Orlando Drunk Driving and Second DUI Defense Attorneys

The importance of being prepared for a trial like this one is you’ll be fighting to mitigate or drop your case. A knowledgeable attorney can employ several defense strategies to fight a second-offense DUI charge. Because of the mandatory penalties that come with a second DUI charge, your DUI attorney will try to have your charges reduced to reckless driving or careless driving charges.

At the Umansky Law Firm, our knowledgeable and trustworthy attorneys have more than 35 years of successful experience defending individuals in drunk driving cases. They work diligently to personalize each case because they know that a good defense is not one-size-fits-all. Thanks to their unique approach, knowledge, and commitment to service, the attorneys at Umansky Law Firm have been recognized as one of Florida Trends Florida Legal Elite and received top ratings on Avvo Client Reviews.

If you’ve been arrested for a second DUI, there’s no time to waste! Call 407-228-3838 to contact our Orlando DUI attorneys or chat with us live around the clock to schedule your free case review! We are waiting to talk to you! 

 

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