Second DWI Offense

Answer:

This is a question that we’ve been asked recently. We were representing someone for a first-time DUI and they asked, “What is going to happen if I get charged with another DUI or a third DUI?” We answered his question, and we went over the different sanctions that are possible.

In Florida, DUIs have their own set of sanctions that are assigned to a first-time DUI, a second time, third time and so on. The second-time DUIs are unique because they have two different ones; they have a second DUI within five years of your first DUI, and they also have a second DUI that’s outside of the five years of the first DUI. They have completely different sanctions and possible sentences.

If you find yourself in the unfortunate situation of having a second DUI within five years, those can be pretty significant. The sanctions there are severe in the sense that it comes with a mandatory ten-day jail sentence. If it’s your second DUI within five years, you’re looking at a ten-day mandatory jail sentence. We say ten-day mandatory because the statute that dictates that in Florida says that if a person is convicted of a second DUI within five years, in the state of Florida, the judge must sentence that person to ten days in jail. There’s really no way around it. They don’t have any discretion to sentence you to five days or three days, or anything less than the ten days, so it’s very important to get an attorney involved if you’re looking at a second-time DUI within five years.

The other increased sanctions are you’re going to be looking at a longer driver’s license suspension. You’re going to be looking at a higher fine. You’re going to be looking at the fact that you have to get an ignition interlock device on your vehicle for at least a year. What that means is that’s another cost and it’s another way that the governmental entity and law enforcement is going to be able to control your ability to live your life, to drive to work and do things of that nature. The ignition interlock is a device you place on your car that you have to blow into to make sure you meet the legal requirement before the car will function. This device is a cost that you have to pay for, for as long as you have it. The cost varies widely between the different entities that offer that, but it is a substantial cost that will add to the cost of the DUI.

If you’re looking at a second-time DUI within the five years, again, the sanctions can be very significant. We would suggest contacting an attorney who can help you through that. They can help minimize that, maybe get it charged as a first-time DUI or maybe get it dismissed all together. There are different ways that an attorney can take a look at that case. They can look at it and make sure that what the prosecuting authority is saying is correct and that they’ve got everything right. The other one is a second-time DUI outside of the five years. This is different than the second DUI within five years as it doesn’t carry a mandatory jail sentence. It does carry some heightened sanctions, such as maybe a longer probation sentence and higher costs, but the important thing is it doesn’t have the mandatory jail sentence.

All of these DUIs and their sanctions are highly detailed. We would suggest that you speak with an attorney that is knowledgeable with these types of cases, handles these cases, and has done them before in Orlando, Osceola, Orange County and Kissimmee, that way they can guide you through the process. It can be a lengthy and somewhat tedious process, so to protect yourself and your freedoms it’s best to contact an attorney that knows how these cases should be handled. If you have any other questions about a second time DUI, please contact the Victory Law Firm.