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In Florida DUI Second Offenses Carry Increased Jail Time and Fines, and Auto Insurance Rates will Sky Rocket

Posted by Fred Koberlein, Jr. | Feb 24, 2016 | 0 Comments

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In our previous blogs we talked about the consequences of a first offense DUI in Florida, as well as implied consent and the consequences that follow refusing a breath alcohol test (BAC) or blood alcohol test (BAC). In this article we will examine the possible charges and penalties that go along with a second offense DUI as well as what happens should you refuse a BAC exam. As you might expect, a second offense carries more serious penalties than the first, and you should always seek the services of a dedicated Florida criminal attorney should you find yourself facing such charges.

Florida DUI Second Offense

In Florida, a second DUI offense is a misdemeanor, which can carry jail time as well as fines and administrative penalties. A second DUI within five years of the first DUI will require jail time.  If you are the cause of a DUI accident that causes damage to another person or their property, you can be charged with a felony offense, which can carry with it lifelong consequences.

Criminal Penalties for a DUI Second Offense

If your second DUI occurs within five years of your first, a mandatory imprisonment period of a minimum of 10 days will be imposed, with the maximum jail time extended to one year. Other penalties are based partially upon your breath alcohol content (BAC) or blood alcohol content (BAC). If the BAC is below .15, jail time of up to 9 months can be applied. If your BAC is over .15, you can be imprisoned for up to one year.

Fines for a DUI Second Offense

A second offense DUI in Florida carries with it a fine from $500 to $1,000, which can increase to up to $2,000 if your blood alcohol is over .15 or if your second offense occurs within five years of the first.

Administrative Penalties for a DUI Second Offense

As with any DUI offense, you will, if arrested, likely face suspension of your license. You will have 10 days following your arrest to request a hearing on this account. The period of suspension can range from 6 to 18 months, based upon the circumstances of your arrest. Understand that as an administrative penalty, this suspension is not necessarily dependent upon the outcome of your DUI case. The Department of Highway Safety Motor Vehicles (DHSMV or DMV) will not consider the possible criminal penalties administered by the criminal courts. 

Minors and Implied Consent

If you have a minor in your vehicle when charged and are convicted of DUI, you will face more severe penalties, often in line with those of having a higher BAC. This will lead to more jail time, higher fines and the like.

Refusing a BAC test can also result in higher charges. If your BAC is under .15 and you refuse a test, you can be charged as though your BAC was over .15.

Getting Help with a DUI Second Offense

If you face DUI charges in Florida for a second offense, do not try to do it alone. There are many missteps to avoid, and a dedicated criminal law attorney can give you the best advice and work to make sure your rights are protected every step of the way.

If you find yourself facing a Florida DUI second offense, don't wait. Give Koberlein law offices a call for help today or email us your questions.

About the Author

Fred Koberlein, Jr.

Fred Koberlein is a trial attorney who opened Koberlein Law Offices after acquiring extensive legal experience in three legal practice areas, which are: personal injury law; criminal defense; and local government matters which require you to appear or present your matter before your local government Boards, government Councils, and government Agencies. Mr. Koberlein began trial preparation through an externship as a legal clerk with the Judges of the Third Judicial Circuit for Florida prior to his graduation from the University of Florida, College of Law.  After law school Mr. Koberlein was dedicated to becoming a trial attorney and worked with the Public Defender's Office from 2004 to 2007, where he was promoted to handling felony cases within eight months of hire.  Mr.  Koberlein has handled over 1500 criminal cases ranging from possession of cannabis, DUI, serious felonies, white-collar crimes, violations of probation hearings, and countless motion hearings. Mr.  Koberlein began practicing in the areas of personal injury and insurance defense during 2006.  Mr. Koberlein's experience in prosecuting personal injury claims against those insurance companies he was not representing and defending other insurance companies and their customers provided a unique experience where he was able to learn what each side anticipates from the opposing party.Next, Mr. Koberlein was hired by a City to defend the City's interests and three additional Cities quickly followed and retained Mr. Koberlein to protect their interests.  Currently, Mr. Koberlein represents a total of four (4) municipalities in the North Florida area.  As Mr. Koberlein focused on civil litigation he remained passionate about representing individuals charged with misdemeanor and felony crimes as well as civil litigation issues. Mr.  Koberlein has the experience and reputation to negotiate a favorable resolution in your matter, and if that is not possible, to provide the best, most zealous trial representation available.  Utilizing competent and trusted investigators and experts, your case will be prepared so that the best result will be achieved.  If you or a loved one is hurt, damaged, or is facing criminal charges, you want a qualified, hard-working attorney who will explain your options to you in a straightforward, commonsense, and honest manner. Education and Practice Experience: University of Florida; Gainesville, Florida; Bachelor of Science, 1997 University of South Florida; Tampa, Florida; 1998 University of Florida, College of Law; Gainesville, Florida; 2003 Bar and Court Admissions: Florida Bar, 2004 – Present All 67 Counties in Florida All 20 Circuits in Florida U.S. District Court, Middle District of Florida U.S. District Court, Northern District of Florida Professional and Civic Activities: Florida Bar Trial Lawyers, 2007 – Present Florida Bar Business Law Section, 2007 – Present Florida Bar Criminal Law Section, 2004 – Present Florida Association of Criminal Defense Lawyers, 2004 – Present Third Judicial Bar Association, 2004 – Present Mr.  Koberlein is committed to his clients and devotes himself to protecting their interests from the beginning to the end of their case.  Mr. Koberlein has spent his career helping clients defend themselves against criminal charges, fight insurance companies, and proceed through the bureaucratic process of local governments.  Mr. Koberlein welcomes the opportunity to meet with you and evaluate your legal needs and provide you with an experienced and competent analysis.

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