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A second driving under the influence of alcohol or drugs (DUI) in Gainesville can result in serious penalties, including mandatory jail time, vehicle impoundment, mandatory driver’s licenses sentences, vehicle immobilization and fines.
If you have recently been charged with a Florida DUI, and it was your second offense, you will face stiffer license revocation penalties than for your first Florida DUI. In this case, your penalties will depend on how recently you received your first DUI conviction. If you have questions regarding license revocation penalties for a second DUI offense, or if you want to fight your Florida DUI charge, you can get the professional advice of a Florida DUI defense attorney.
Revocation Penalty for a Second Florida DUI
If you have been charged with a second Florida DUI offense that is not within 5 years of a previous DUI conviction, you will face a 180-day to 1-year revocation of your administrative driver’s license. Before you can have your driver’s license reinstated, you must complete the revocation period.
If you have been charged with a second Florida DUI offense within 5 years of a previous DUI conviction, you will face a minimum 5-year revocation of your administrative driver’s license. In this case, you may apply for a hardship license after serving 1 year of your revocation period. To receive a hardship license, you will have to complete the DUI School and treatments that are required by the court.
Remember — for requesting a hearing to potentially challenge the license suspension for DUI you must request a hearing in writing within 10 days of the DUI arrest. see § 322.2615. Therefore, it is essential to immediately contact an experienced DUI defense attorney in Gainesville.
Gainesville Second Driving Under the Influence
As defined in Fla. Stat. § 316.193, an individual can be arrested and charged with a second DUI offense if they:
Have actual physical control of a vehicle or are driving a vehicle, and
Have impaired normal faculties due to the influence of alcohol and/or drugs.
or even if your faculties don’t seem impaired, you can still be convicted if their blood or breath alcohol concentration (BAC) level is over the legal limit. A second DUI offense can result in a misdemeanor conviction, which is punishable by any of the following penalties:
If you have recently been charged with a Florida DUI, and it was your second offense, you will face stiffer license revocation penalties than for your first Florida DUI. In this case, your penalties will depend on how recently you received your first DUI conviction. If you have questions regarding license revocation penalties for a second DUI offense, or if you want to fight your 2nd DUI in Florida charge, you can get the professional advice of a Florida DUI defense attorney.
Revocation Penalty for a Second Florida DUI
If you have been charged with a 2nd DUI in Florida offense that is not within 5 years of a previous DUI conviction, you will face a 180-day to 1-year revocation of your administrative driver’s license. In this case, you will not be permitted to obtain a hardship license. Before you can have your driver’s license reinstated, you must complete the revocation period.
If you have been charged with a 2nd DUI in Florida offense within 5 years of a previous DUI conviction, you will face a minimum 5-year revocation of your administrative driver’s license. In this case, you may apply for a hardship license after serving 1 year of your revocation period. To receive a hardship license, you will have to complete the DUI School and treatments that are required by the court. Since this is most the second time you are required to complete a DUI school they recommended treatment associated with it is frequently much more intensive.
Reinstating Your License After a Second Florida DUI Offense
Once your revocation period ends after your 2nd DUI in Florida offense, you may be able to reinstate your license. To do so, you will have to show proof of enrollment or completion of DUI school, as well as proof of enrollment or completion of any required treatment.
What other penalties will I face for a second DUI offense in Florida?
As you would in a first DUI offense, for a 2nd DUI in Florida offense you will face penalties such as fines, a driver’s license suspension, and the possibility of time in jail. A DUI conviction can also leave you with a permanent criminal record. This can affect any job opportunities that you may have in your future.
Defenses To 2nd DUI Charges
Florida Statute Section § 316.193 states that an individual can be charged with a driving under the influence (DUI) offense if they have been drinking any type of alcohol or consumed any type of controlled substance while in actual physical control of a vehicle and their normal faculties are impaired.
According to Fla. Stat. § 316.1934, normal faculties can include but are not limited to, the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and perform any general mental and physical acts of daily life.
Within these different methods of proof there are a huge number of legal issues and defenses which a skilled 2nd DUI in Florida criminal defense attorney can examine to help in your defense. Was your traffic stop legal? Were you subjected to prolonged detention? Did the police administer field exercises correctly and report them accurately? Was implied consent read correctly or were you misled or coerced? Was there any illegal conduct in obtaining your consent for a blood draw? Only the unique circumstances of your case will say for sure.
Not only that, the area of criminal defense law that incorporates DUI is huge and changes all the time. You can learn more by learning about other people who have been accused of DUI and what happened in their cases. Police and prosecutors can make mistakes just like any other human being. For more information see where this topic is discussed on the Landsman Law blog.
Have you been accused of a crime in Gainesville or North Florida? Call or contact us online to schedule a free consultation in Gainesville Florida.