When someone is accused of DUI a second time, the penalties increase dramatically. In fact, Florida law provides for certain enhanced penalties even if the prior DUIs occurred out of state. The statutory minimum penalties depend on whether the prior DUI conviction occurred within five years or outside of a five year period. Throughout the years, Don Pumphrey, Jr., has represented many people charged with a second or subsequent drunk driving offense in Tallahassee and throughout the Big Bend region of North Florida.
Tallahassee Second DUI Defense Lawyer
If you have been arrested for a second (2nd) drunk driving offense, contact an attorney to discuss what you need to do today to protect your driving privileges and fight the case. Call us to discuss any second DUI in Tallahassee, Leon County and the surrounding areas in North Florida's Big Bend region including Monticello in Jefferson County, Crawfordville in Wakulla County, Quincy in Gadsden County, and Bristol in Liberty County, Florida.
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Fighting Two Different Cases after the DUI Accusation
After your DUI arrest in Florida, including Leon County, two different types of cases are pending against you.
- Civil Case - Right after you are arrested for DUI, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) will begin an automatic administrative action to suspend your driver license. This civil case is completely independent from the criminal cases (in other words you can win the administrative case and lose the criminal case or vise-versa).
- Criminal Case - A prosecutor with the State Attorney's Office in Florida will initiate a criminal prosecution against you for violating Florida's laws prohibiting driving under the influence;(DUI). Misdemeanor cases are prosecuted in County Court and felony cases are prosecuted in Circuit Court in the county in which you were arrested.
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The DMV's Civil Case to Suspend Your Florida Driver's License
Especially for a second lifetime DUI arrest, no downside exists to demanding an administrative hearing to protect your driver's license. If you prevail, you can continue to drive without any restrictions while your DUI criminal case is pending. Even if you do not ultimately prevail at the formal review hearing, the evidence and testimony gained during that hearing may assist your attorney in fighting the criminal DUI charges in court.
After the DUI arrest, the officer will take your driver's license and issue you a 10 day driving permit if you are eligible. You must file a demand for a formal review hearing within those ten (10) days or your driver's license will be automatically suspended for either twelve months or eighteen months depending on whether you submitted to the breath test or not and whether you have previously refused to submit to a breath test.
- Breath Test: If you blew over the legal limit of 0.08 then a twelve month (12) month suspension could be put in place. After serving 30 days of hard time (during which you cannot drive for any reason) you may become eligible for a business purpose only license that allows you to drive to and from school, work, the hospital and other events for business purposes only for the rest of the (12) twelve month period.
- First Refusal to Submit to a Breath Test: A refusal comes with a twelve (12) month suspension. After serving 90 days of hard time (during which you cannot drive for any reason) you may become eligible for a business purpose only license that allows you to drive to and from school, work, the hospital and other events for business purposes only for the rest of the (12) twelve month period.
- Second Refusal to Submit to a Breath Test: A refusal comes with an eighteen (18) month suspension if you are found to have previously refused a chemical test. No hardship license (either a business purpose only or employment purpose only) is available after a refusal case involving a prior refusal for the entire eighteen (18) month period.
If you blew under the legal limit and then submitted to a urine test, no administrative action will occur. Likewise, if you submitted to a blood test the officer does not typically take your driver's license and initiate an administrative action.
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The Forty-Two (42) Day Driving Permit
If during the 10 days after your arrest for a second DUI, you retain an attorney to demand a formal review hearing, your attorney can often help you obtain a 42 day driving permit. During those 42 days, you can continue driving for business purposes while your attorney prepares for the formal review hearing. Find out more about administrative license suspension hearings for DUI cases in Leon County, FL.
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Avoiding the Minimum Mandatory Punishments for a Second DUI Conviction
The penalties for a second DUI depend on whether the prior DUI occurred within five years or outside of five years as shown by the driving record. In certain cases you may be required to provide your out of state driving record. Even if the prosecutor does not treat the case as a second DUI for sentencing purposes, the DMV will still impose the suspension period for a second DUI. A prior DUI can include any DUI, BUI, or alcohol related driving offense from another state such as DWI.
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Second DUI Outside of Five (5) Years
If the DUI arrest is outside of five years from the prior DUI conviction, then the DUI will be generally treated the same as a first DUI as far as mandatory penalties required by Florida statutes, except the maximum jail time that can be imposed is nine (9) months, fines are between $1,000 to $2,000, and the ignition interlock device must be installed for one year. No minimum jail time is required (although the prosecutor may ask for more than the minimum requirement to resolve the case short of trial).
The most serious consequence of a second DUI conviction is that the driver is not eligible for a hardship license after a second administrative suspension for refusing to submit, or after a second conviction for DUI.
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Second DUI within Five (5) Years of Prior DUI Conviction
If your second DUI arrest occurred within five years of a a prior DUI conviction, the following statutory minimum requirements will be imposed in your case unless or until you avoid the DUI conviction:
- Jail Time: At least 10 days in jail (at least 48 hours must be served consecutively). The statutory maximum jail time for a second DUI involves nine (9) months. If the BAC was 0.15 or higher or a minor child was in the vehicle, then the maximum period of incarceration is (12) twelve months in jail.
- Driver License Revocation: After a second DUI conviction within five (5) years, the court must revoke the defendant's driver's license for a minimum of five (5) years (the defendant is not eligible for a hardship license of a minimum of 12 months if DUI school is completed, the defendant remains in the DUI supervision program for the rest of the period, the defendant must not have consumed any alcohol or driven any vehicle for the prior 12 months).
- Probation: A second DUI conviction requires the court to impose up to 12 months probation with credit for any jail time imposed.
- Fines: For a second DUI, the court is required to impose fines between $1,000 and $2,000.
- Community Service: For a second DUI the court is required to impose a special condition that 50 hours of community service is completed during the term of probation.
- Vehicle Impoundment: For a second DUI conviction within 5 years, the court is required to order that the defendant immobilize any vehicle in his name for a period of thirty (30) days which must occur after the jail sentence is imposed (this condition may be waived if another family member depends on that vehicle for transportation).
- Level Two DUI School: The court is required to complete the level II DUI school, which consist of classroom instruction, a drug and alcohol substance abuse evaluation, and follow up treatment.
- Ignition Interlock Device: The court must impose at least twelve (12) months or twenty-four (24) months if the Blood or Breath Alcohol Concentration is 0.15 or more.
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Reinstating Your Driving Privilege After a Second DUI Conviction
Even after you have completed all of the terms and conditions imposed by the court, you must still reinstate your driver's license. For reinstatement, you must show proof of obtaining FR-44 insurance, pay a reinstatement fee of $60, pay an administrative fee of $115, and pay a driver's license fee.
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The Law Offices of Don Pumphrey, Jr. | Second DUI Defense Lawyer in Tallahassee
After an arrest for a second DUI the stakes are high. Obtaining an experienced Tallahassee DUI Attorney early in your case may make a huge difference in how the case is resolved. Contact our office for any drunk driving offense in Tallahassee for Leon County or any of the surrounding counties through the Big Bend region of North Florida, including Quincy in Crawfordville in Wakulla County, Gadsden County, Monticello in Jefferson County, and Bristol in Liberty County, Florida.