Second-Offense DUI in Punta Gorda: How Bad Is It?

Criminal courts tend to treat first-time offenders with a degree of leniency, and this is certainly true with driving under the influence (DUI) charges. While a first-offense DUI might result in relatively light penalties, the court’s leniency may evaporate if you face a second charge. An effective legal defense could be crucial in this scenario, and you can begin by contacting an experienced DUI lawyer in Punta Gorda. How bad are the consequences in this situation?

The Penalties for a Second-Offense DUI in Florida

The maximum fine and jail sentence increase with a second DUI conviction. In terms of financial penalties, you face a maximum fine of $2,000 for a second-offense DUI in Florida. This is a 100% increase compared to the $1,000 fine for a first offense. In terms of incarceration, you face a maximum jail sentence of nine months. This represents a 33% increase compared to the six-month maximum jail sentence for a first DUI offense.

In addition, all those convicted of a second-offense DUI must install an ignition interlock device for at least 12 months. This device requires you to test negative for alcohol intoxication before starting your vehicle.

There are also mandatory minimum penalties associated with second-offense DUIs. This includes incarceration of at least 10 days. The court will also impound or “immobilize” all vehicles you own for at least 30 days. Finally, there are also mandatory probation conditions that apply to both first and second-offense DUIs. These might include community service, mandatory classes, and perhaps alcohol abuse treatment programs.

What Is the Lookback Period for Second-Offense DUIs in Florida?

When determining whether a DUI offense constitutes a first or second offense, Florida courts follow a “lookback period” of five years. In other words, you may face penalties for a first offense instead of a second offense if your last DUI conviction occurred more than five years ago.

This lookback period also highlights the importance of fighting first-offense DUIs. Even if the consequences of a first offense are relatively light, a conviction could still lay the foundation for more severe penalties in the future. By fighting your first-offense DUI effectively with help from a lawyer, you may be able to avoid the possibility of a second-offense conviction in the future.

Penalties for Second-Offense DUIs Also Depend on Aggravating Factors

You should also know that your second-offense DUI penalties depend on aggravating factors. The penalties listed above apply only to situations with no property damage, injuries, deaths, or children in the vehicle. If any of these aggravating factors apply to your situation, you could face much more severe penalties.

Can a DUI Defense Lawyer in Punta Gorda Help Me? 

A DUI defense lawyer in Punta Gorda may be able to help if you face a second-offense DUI. Any DUI conviction has the potential to drastically change your life, including first offenses. However, the consequences generally become more serious with each subsequent conviction. This highlights the importance of taking your legal defense seriously, and you can pursue positive outcomes with The Foley & Wilson Law Firm. Contact us today to get started with a defense strategy.

Source:

 leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html