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May 19th, 2020

DUI Law – What Happens After Your First DUI?

As stated (on the “What Happens for Your First DUI Offense?” page), for a first conviction of DUI, the penalties are manifold and subject to mandatory minimum sentencing. Punishment for a first DUI can include fines, community service, probation, imprisonment, impoundment of your vehicle, revocation of your license, and the completion of a DUI instructional course.

Second DUI Conviction Penalties

Penalties for additional convictions are more demanding on the defendant. The list of 2nd DUI penalties is as follows:

  • Fines – For a standard offense, the fine is between $1000 and $2000. For an enhanced offense (BAL of .15 or greater, or with a minor onboard), the fine ranges from $2000-$4000.
  • Imprisonment – For a DUI second offense, as with a first offense, the court may allow the sentence to be completed within a drug or alcohol rehabilitation facility. The convicted party should serve a maximum of 9 months as a standard penalty and 12 months as an enhanced penalty. The minimum incarceration period is 10 days, assuming that the first and second convictions occur within a five-year stretch.
  • Impoundment – The court may decide that the driver’s automobile will not be impounded if it represents the sole form of transportation for the defendant’s family or is only used by the defendant’s employees. Assuming the absence of those conditions and that a second DUI conviction falls within the five-year window, the defendant’s vehicle is impounded for 30 days.
  • License revocation – As with any DUI conviction, the driver license is revoked for a 2nd-offense DUI. If the second conviction occurs less than five years after the first one, revocation lasts at least five years. However, the license may be reinstated following the first 12 months if hardship can be proven. If more than five years has elapsed between convictions, the parameters for the first DUI offense apply instead.
  • Education – Anyone found guilty of a second DUI must finish a training course before their license can be reinstated (as opposed to a first offense, which requires course enrollment but not completion prior to reinstatement).
  • Ignition interlock device – For a minimum of 12 months, the guilty party must pay to have an ignition interlock device installed on all automobiles that they drive on a regular basis. The 12-month period begins at the point that the convicted party becomes eligible for license reinstatement on a restricted or permanent basis.

Third DUI Conviction Penalties

Penalties for a 3rd DUI offense are as follows:

  • Fines – Assuming that the third offense falls within 10 years of the second offense, the fine ranges from $2000-$5000 standardly, with a minimum $4000 fine for the enhanced penalty.
  • Imprisonment – Guilty parties are sentenced to a minimum of 30 days if the second and third convictions fall within 10 years. If the third occurs beyond that window, the maximum sentence for the third DUI is one year.
  • Impoundment – A 3rd DUI offense carries a minimum impoundment period of 90 days, assuming that the third conviction is within the 10-year window.
  • License revocation – If within 10 years, the license is revoked for at least 10 years, and hardship reinstatement isn’t possible until the two-year point.
  • Education – If the third DUI occurs within 10 years, DUI school must be completed.
  • Ignition interlock device – An ignition interlock device must be installed on all cars, at the convicted party’s expense (regardless how many years have passed).
  • Felony – If the DUI falls within the 10-year period, the 3rd DUI offense is a Third Degree Felony.

Fourth or Subsequent DUI Conviction Penalties

Punishments for a fourth DUI include:

  • Fines – The minimum is $2000 for standard and $4000 for enhanced (child in car or BAL at or above .15) convictions. There is no maximum.
  • Imprisonment – The defendant found guilty of a 4th DUI offense can be imprisoned for a maximum of five years and is subject to sentencing laws described in Florida Statute s.775.084 regarding habitual offenders.
  • License revocation – The license is mandatorily revoked for life, with no eligibility for hardship reinstatement.
  • Felony – Regardless when it occurs, a fourth DUI is considered a Third Degree Felony.

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