After being arrested and charged for a second driving under the influence (DUI) of alcohol or controlled substance offense in Florida, you may worry you will receive a felony conviction or be sent to prison. Fortunately, a second DUI offense in Florida is only punishable as a misdemeanor offense. However, a conviction for a second DUI can still result in harsh penalties that are more serious than a first DUI. These punishments can include:
Further, if you have have been convicted of any drinking driving offense in Jacksonville, you must submit an FR-44 Form, which is continuing proof of financial responsibility, or that you possess vehicle insurance. Auto insurance companies require higher liability limits after a DUI conviction, which typically causes insurance premiums to drastically increase.
WARNING: It is important to remember if you receive an administrative license suspension for refusing to submit to chemical testing or failing to pass an intoxication test in Florida after suspicion of a second DUI, you only have ten days to request a formal or informal review of the license suspension under Fla. Stat. § 322.2615(1)(b)(3).
If you have been charged with a second driving under the influence offense in Jacksonville, or any of the surrounding areas in Florida, including Jacksonville Beach, St. Augustine, Orange Park, or Fernandina Beach, contact Roelke Law, P.A. Bill Roelke is an experienced criminal defense attorney who will fight the DUI allegations you are facing and help you avoid the most serious penalties and repercussions for your alleged offense. Call Roelke Law today for a free consultation at (904) 354-0333 about your alleged DUI.
According to Fla. Stat. § 316.193, an individual can be charged with a DUI in Florida if they do all of the following:
Under Fla. Stat. § 316.193, an individual must either have a blood or breath alcohol concentration (BAC) level over the legal limit or be unable to control their normal faculties to be arrested and charged for DUI in Florida.
Normal faculties in Florida are more commonly known as physical or mental activities an individual would be able to do on a daily basis with very little thought. Normal faculties usually include walking, talking, running, breathing, controlling bodily functions and balancing.
A driver in Florida can automatically be charged with a second DUI if their alcohol level is over the legal limit. This type of drinking and driving offense is called per se DUI. Therefore, even if the driver is able to speak normally, walk, and otherwise function as they normally would, they can still be charged with a DUI because their BAC was over the legal limit.
A driver in Florida must drive the vehicle or have actual physical control of the vehicle in order to be charged with a second DUI offense. Actual physical control is defined as being in the vehicle or close enough to the vehicle to operate it. The driver must also have the capacity to operate the vehicle. Therefore, an individual does not have to actually be driving at the time of a DUI arrest.
According to Fla. Stat. § 316.193(1), the legal limit in Florida is defined in either terms of breath-alcohol level, blood-alcohol level or blood alcohol concentration (BAC).
Section 316.193(1)(b) defines the blood-alcohol level to be .08 or more grams of alcohol per 100 milliliters of blood. Section 316.193(1)(c) defines the breath-alcohol level to be .08 or more grams of alcohol per 210 liters of breath.
This limit is actually very low and most people reach after having consumed only one or two beverages. Even if an individual believes they are capable of driving after having a few alcoholic drinks, they should not; as itis very possible their BAC is over the legal limit.
Further, if an individual has only one drink and they choose to drive, simply gargling with mouthwash, brushing their teeth or using any other oral products that contains alcohol as an active ingredient could increase their breath alcohol level over the legal limit.
One drink is commonly measured as a 1.5 ounce shot of 80-proof liquor (40% alcohol by volume or ABV), one 5 ounce glass of wine (12% ABV), or one 12 ounce beer (4.5% ABV).
A second DUI charge in Florida can result in a misdemeanor conviction, which is punishable by a mandatory installation of an ignition interlock device for at least one year. Additional penalties for a second DUI can include any of the following:
If an individual has been convicted of two DUI offenses within a period of five years of each other, the offender is required to spend at least ten days in jail. Additionally, as a condition to probation for the second DUI offense, the offender is required to impound or immobilize their vehicle for a period of 30 days.
According to Fla. Stat. § 322.28, an individual who is convicted of a second DUI offense in Florida within five years of any previous DUI offense, their driver’s license or driving privileges can be revoked for a period not less than five years. The driver may be eligible to apply for a hardship license after one year of the revocation period. This is a criminal punishment for a DUI conviction and in addition to any administrative license revocation for refusing to submit to chemical testing.
If the individual is convicted of second DUI offense and they had a high breath-alcohol or breath-alcohol level over .15, they can receive greater punishments, including:
Florida Constitution and Statutes – This link is to section 316.193 of the Florida Statutes, which defines a second DUI offense in Florida and the potential penalties for a conviction.
Florida Department of Highway Safety and Motor Vehicles (DHSMV) – The FDHSMV is a department of the state that seeks to enforce and regulate the traffic laws of the state, including DUI laws and rules pertaining to administrative license suspensions. A local Jacksonville service center is located at:
FDHSMV
7120-15 Hogan Road
Jacksonville, Texas 32216
Phone: (904) 630-1916
Florida Department of Business and Professional Regulation – The Division of Alcoholic Beverages and Tobacco (ABT) is responsible for enforcing the laws pertaining to the alcoholic beverage industry, including making sure bars and restaurants responsibly serve their patrons and prevent drunk driving. A local ABT office is located at:
ABT Law Enforcement District Office – Jacksonville
7960 Arlington Expressway, Ste. 600
Jacksonville, Florida 32211
Phone: (904) 727-5550
Contact Roelke Law today for a consultation about your alleged second driving under the influence offense throughout Duval County in Florida. Bill Roelke is an experienced criminal lawyer in Jacksonville who will make every effort to help you achieve the best possible outcome for your particular situation. Contact Roelke Law at (904) 354-0333 for a consultation about your DUI charges throughout Duval County and the surrounding counties in Florida, including St. Johns County, Nassau County and Clay County.
