When someone is convicted of DUI in Florida, their sentence will depend on whether or not they have had other DUIs or similar convictions in the past. The more DUIs that someone has on their record, the harsher the penalties are for a repeat DUI. It does not matter what state the previous DUI was in, but the time period may make a difference. This is part of the reason why it’s so important to contact an experienced Jacksonville DUI attorney as soon as possible after an arrest for drunk driving. Whether you are facing your first DUI or a repeat offense, at Ellis & Bryant we will fight to get the charges against you reduced or even thrown out, while remaining prepared to take your case to trial if needed.Penalties for a Second DUI
Florida law requires that individuals who have received two DUI convictions within five years serve a minimum of ten days in jail. If the second DUI is a “standard” DUI, meaning it does not fall into any of the circumstances to warrant an enhanced DUI, a conviction can result in a penalty of up to nine months of incarceration. It can also carry a fine of $1000-$2000.
However, if chemical testing reveals that the individual had a blood alcohol content (BAC) of .15% or more or there is a passenger under 18 in the car, then the penalty can include a sentence of up to a year in jail. It can also include a fine of $2000-$4000. If someone else suffers serious bodily injury due to the DUI then an individual can be sentenced to up to five years in prison and a fine of up to $5000.
Along with jail time and fines, there are also other penalties that come along with your first repeat DUI. For example, a second DUI conviction within five years will include a penalty of a five-year license suspension. Florida also requires individuals install an ignition interlock device in their vehicle for at least a year. Finally, after a second DUI within five years, your vehicle will be impounded for at least 30 days, not including the time that you are in jail from the DUI.Penalties for a Third DUI
If you are convicted of a third DUI in ten years, you will face even harsher penalties. For most sentencing purposes, all three of the DUIs must be within ten years. However, when determining fines the judge may look at your entire criminal record to count the DUIs. In other cases, the second DUI has to be within the past ten years but it does not matter when the original DUI occurred. This can get confusing, but your skilled Jacksonville criminal defense attorney can help you understand what to expect in your particular circumstances.
Penalties for a third DUI are a minimum of 30 days in jail up to five years in prison. However, if you have not had any other DUIs within the last ten years then there is no mandatory jail time, but the judge has the discretion to sentence you to jail time. For a third DUI in Florida, fines can range from $2000-$5000. After a third DUI in ten years, your license will be suspended for at least ten years, and an IID is required to be used for two years. Finally, after a third DUI your vehicle will be impounded for at least 90 days.Experienced DUI Attorneys Serving Jacksonville
If you are charged with DUI it is important to contact a knowledgeable lawyer as soon as possible, especially if it is a repeat DUI case. The attorneys at Ellis and Bryant, P.A., represent clients facing DUI, drug, and many other kinds of criminal charges, and we will take a proactive approach to your case and will start working as soon as you call them. We represent clients in communities including Jacksonville, Jacksonville Beach, Orange Park, Middleburg, and throughout the rest of Duval and Clay counties. Call us 24/7 at (904) 551-4120, or use the contact form on this website to schedule your free initial consultation.