A DUI charge is always a very serious matter, which is understandable because driving while intoxicated is extremely dangerous and irresponsible behaviour. It is not just a danger to the driver, but also to everyone on the road with them. However, people are willing to give a first offense a pass if no serious damage was done and the offender promises never to do it again. That is why a second DUI charge is so serious; because the courts would hope that the offender learned their lesson the first time around.
Anyone who is charged with a second DUI is going to be facing much stiffer penalties the second time around. It is possible to avoid or reduce some of the harsher penalties, such as jail time, but the driver will need the help of an experienced DUI attorney to do so. That is because they will know what to do to help their client avoid the worst consequences of a second DUI charge. If you live in Orlando and have been charged with a DUI, then contact Parikh Law, P.A. to get the legal help that you need.
The Penalties For a Second DUI Charge
Each state has its own unique penalties for a second DUI charge, but those penalties will always be very serious. In Florida, a second DUI charge is normally a misdemeanor, but it can become a felony if the driver caused an accident. The penalties in Florida for a second DUI that occurs within five years of the first are as follows:
- Minimum jail time of ten days and a maximum of nine months for a standard second DUI
- Maximum jail time of one year if the driver had a BAC (blood alcohol content) of 0.15% or more; if the driver had a passenger under eighteen in the vehicle; if the driver caused an accident with property damage or minor injuries
- Maximum jail time of five years if the driver caused an accident with serious bodily injury
- One year licence suspension
- Fines from $1000 to $5000
- The driver’s vehicle will be impounded for at least thirty days
- The driver will need to have an ignition interlock device (IID) installed on their vehicle for at least one year
If a driver receives a second DUI charge more than five years after their first, then that second DUI will be treated like their first and they will face similar penalties.
How to Avoid Jail Time For a 2nd DUI
If you want to avoid jail time for a second DUI charge, then you will need an experienced DUI attorney to help you. They can contest the charge and get it dismissed, or they can suggest alternative sentencing so that you do not have to spend time in jail. They can dispute the charge by questioning whether the DUI stop was lawful or not. They can also contest the results of any sobriety tests that were conducted since breathalyzer tests, field sobriety tests, and blood tests can all register false positives for different reasons.
Alternative sentencing is an option if the DUI charge was not a felony or was not exceptionally serious. A day reporting program is an alternative sentencing method that is focused more on rehabilitation than punishment. Drug and alcohol programs are also geared towards rehabilitation and are there to make sure that the driver never repeats a DUI again. Electronic monitoring is another sentencing method that avoids jail time by monitoring the activities of the convicted person and limiting where they are allowed to go. Not everyone is eligible for these alternative sentences so make sure that you discuss them with your attorney first.
Contact an Attorney If You Have Been Charged With a 2nd DUI
When you consider how serious a second DUI charge can be, you will realize that you will need all the help that you can get in order to fight it. A DUI attorney can provide exactly the kind of help you need. They will contest the charge and try to get it reduced or dismissed, or they can suggest alternative sentencing options that are less harsh than what would normally be given. So make sure that one of the first things you do after being charged with a second DUI is to call an attorney.
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