Second Offense DUI in Florida

An individual can be prosecuted for a Driving Under the Influence (DUI) offense in Florida when they operate (or are in physical control of) a vehicle while impaired by alcohol or other substances. "Impairment" is legally defined as having a Blood Alcohol Level (BAL) or Breath Alcohol Level of 0.08% or higher, or as being under the influence of a substance to the extent that normal faculties are impaired.

A second DUI offense occurs when a person is arrested for impaired driving following a prior DUI conviction. Under Fla. Stat. § 316.193(6)(m), out-of-state DUI convictions are considered when determining whether an individual is a repeat offender. A second DUI in Florida bears significantly harsher penalties than a first offense, reflecting the state's strict stance against drunk or drugged driving violations and underscoring the importance of responsible driving, given the substantial risks DUIs pose to public safety.

Is a 2nd DUI a Felony in Florida?

In Florida, a second DUI offense is generally a first-degree misdemeanor, not a felony. While aggravating factors, such as a BAL of 0.15% or higher or having a minor (underaged person) in the vehicle, can increase penalties (including fines, jail time, and ignition interlock duration), they do not automatically elevate the charge to a felony.

However, certain circumstances can escalate a second DUI to a felony offense, such as:

• Causing serious bodily injury to another person: Third-degree felony
• Causing the death of a person or unborn child: Second-degree felony
• Causing a fatal crash and knowingly fleeing the scene without providing aid or information: First-degree felony

While a second DUI is not inherently a felony, a third DUI within 10 years of a previous conviction, or a fourth or subsequent DUI at any time, constitutes a third-degree felony.

What is the Lookback Period for a Second DUI in Florida?

In the context of DUI offenses, a lookback period refers to when a prior DUI conviction remains relevant for enhancing penalties on a subsequent offense. The lookback period for a second DUI in Florida is five years (Fla. Stat. § 316.193(6)(b)). A second DUI conviction within five years of a previous conviction triggers mandatory and enhanced penalties, such as extended jail time, longer license suspension periods, and vehicle impoundment.

A second DUI committed outside this five-year window is still considered a second conviction, but it is not subject to enhanced penalties except there are aggravating factors. In such cases, penalties are generally less severe, with no mandatory jail time and five-year license revocation.

What are Aggravating Factors in a Second DUI?

Aggravating factors in Florida second-DUI cases are circumstances that can intensify penalties, potentially leading to harsher punishments or felony charges. They include:

• Having a Blood Alcohol Level (BAL) of 0.15% or greater
• Driving with a minor in the vehicle
• Causing an accident with property damage or injury to other persons
• Causing the death of a person while driving (DUI manslaughter)
• Refusing to take a chemical test (A second refusal may be charged as a separate misdemeanor under Fla. Stat. § 316.1939)

Additionally, having an open bottle of an alcoholic beverage in a moving vehicle is prohibited per Fla. Stat. § 316.1936 and may aggravate penalties during sentencing.

What Happens If You Get a 2nd DUI in Florida?

The consequences of a second DUI conviction are significantly higher, especially if the second offense occurs within five years of the first. The penalties generally include:

• Fines up to $4,000
• Incarceration up to one year
• Driver's license suspension
• Installation of an Ignition Interlock Device
• Vehicle impoundment
• DUI school and substance abuse treatment
• Probation
• Community service

How Long Does a Second DUI Stay On Your Record in Florida?

A second DUI conviction is a permanent part of an individual's criminal record in Florida. Under Fla. Stat. § 943.585 and Fla. Stat. § 943.059, an individual adjudicated guilty of any offense is not eligible for sealing or expunction, except when adjudication is withheld. However, even if adjudication is withheld in a DUI case, the offense will still be ineligible for sealing or expunction. Sealing or expunction may only occur if an arrest was made and the individual was found innocent or the charges were dropped.

How Much Does a Second DUI Cost in Florida

A second DUI offense often comes with financial penalties. The total expenses can vary considerably based on factors like blood alcohol level (BAC), the presence of a minor in the vehicle, or whether the offense caused injury or property damage. The following fines may apply when a second DUI occurs in Florida:

• Court-Imposed Fines
  • Standard: $1,000 – $2,000
  • With Aggravating Factors: Up to $4,000
• Level II DUI Education fees:
  • $495 registration fees
  • Reassignment fees (if applicable) up to $420
  • Evaluation reassignment fees up to $153
• Special Supervision Services fees, ranging from $55 to $332
• Ignition interlock device and monitoring fees, ranging from $75 to $100

Other fees that may be required from a second-time DUI offender can be found on the Florida Highway and Safety and Motor Vehicles DUI fees page.

Chances of Going to Jail for a Second DUI in Florida

In Florida, the likelihood of facing jail time for a second DUI is significantly higher, particularly when the offense occurs within five years of the first conviction. Under Fla. Stat. § 316.193(6)(b), a second DUI within this period bears a mandatory minimum jail sentence of 10 days, with at least 48 hours required to be served consecutively. The court may impose a sentence of up to 9 months in jail for a second DUI charged as a misdemeanor, and up to 12 months if aggravating factors are present.

Driver's License Suspension for a Second DUI in Florida

A second DUI conviction within the five-year lookback period results in a mandatory five-year driver's license revocation pursuant to Fla. Stat. § 322.28. However, suppose the second offense occurs after the five-year window. In that case, the revocation period is typically 180 days to one year, extending to a minimum three-year suspension if bodily injury occurred.

Second-time offenders may qualify for a hardship license, allowing restricted driving for work, business, or essential purposes. For those whose second DUI occurred within the lookback period, the following conditions must be met to apply to Florida's Department of Highway Safety and Motor Vehicles (FLHSMV):

• At least one year has passed since the revocation period began
• Completion of DUI school, with continued enrollment in a DUI supervision program during the revocation period
• No alcohol/controlled substance use, and no driving for 12 months prior to reinstatement
• Installation of an IID (Ignition Interlock Device) on any vehicle operated

If the second DUI offense occurred outside the five-year lookback period, the individual can generally apply for a hardship license immediately after finishing DUI school.

Ignition Interlock Device Requirement

Ignition interlock devices are breathalyzers that stop a vehicle from starting if alcohol is detected on a driver's breath. Under Fla. Stat. § 322.2715, installation of an IID is mandatory in Florida after a second DUI conviction unless the offender has a documented medical condition that prevents the use of the device. In such cases, the person is ineligible to drive during the period the IID would have otherwise been required.

For a second DUI offense, the IID must be installed for at least one continuous year, and for two years if the offender's blood alcohol level (BAL) was 0.15% or higher at the time of the offense. The device must be installed by an FLHSMV-approved service provider. Offenders are responsible for all associated costs, including installation and monthly maintenance fees.

DUI School and Substance Abuse Treatment

In addition to the penalties imposed on second-time DUI offenders in Florida, they are also required to complete a state-licensed DUI program. While first-time offenders undergo a 12-hour course, second-time offenders are required to complete a more extensive 21-hour program. In most cases, offenders are also required to take a substance abuse evaluation. Based on the results of this evaluation, the individual may be referred to a substance abuse treatment program. Completion of the program is a necessary condition for the reinstatement of the offender's driving privileges.

Probation Conditions

When a court orders probation for a second DUI offense in Florida, the sentence typically includes:

• Completion of DUI school and treatment programs
• Travel restrictions
• Abstinence from alcohol and controlled substances
• Regular reporting to a probation officer
• Ignition interlock compliance
• Vehicle immobilization

Community Service Requirements

Community service is a standard requirement for DUI offenses in Florida. First-time offenders must complete a minimum of 50 hours of community service, though courts may allow a $10-per-hour fine substitution if physical service would create undue hardship. For second-time DUI offenders, the court may, at its discretion, impose longer service requirements, especially if aggravating factors exist.

Impact on Auto Insurance

A DUI conviction, especially for repeat offenses, marks drivers as high-risk to auto insurers. As a result, insurance premiums often double or triple, leading to substantial financial consequences.

After a DUI conviction in Florida, drivers are required to file an FR-44 form to reinstate their driving privileges. This form certifies that the driver has obtained the necessary liability insurance coverage:

• $100,000 (bodily injury or death to one person)
• $300,000 (bodily injury or death to two or more people)
• $50,000 for damage to property or a combined single limit of $350,000

The FR-44 form is to be submitted to the FLHSMV by the offender's insurance carrier. The offender must also maintain the FR-44 from the date of their license reinstatement.

Which Courts Handle DUI Cases in Florida?

DUI cases in Florida are adjudicated at the county level. County courts typically handle misdemeanor DUI offenses, including first-time offenses and most second offenses, unless aggravating factors exist. Circuit courts have jurisdiction over felony DUI cases, such as those involving serious bodily injury, DUI manslaughter, or a third DUI conviction within 10 years of a prior offense.

Below are some courts in Florida that handle DUI cases:

Miami-Dade County Circuit Court
73 West Flagler Street
Miami, FL 33130
Phone: (305) 275-1155

Volusia County Circuit Court
101 North Alabama Avenue
DeLand, FL 32724
Phone: (386) 736-5915

Pinellas County Circuit Court
315 Court Street
Clearwater, FL 33756
Phone: (727) 464-7000

Hillsborough County Circuit Court
800 East Twiggs Street
Tampa, FL 33602
Phone: (813) 276-8100

Orange County Circuit Court
425 North Orange Avenue
Orlando, FL 32801
Phone: (407) 836-2000

Beyond court proceedings, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) oversees administrative sanctions for DUI offenses. These include license suspensions/revocations, reinstatements, and administrative hearings. The Bureau of Administrative Review (BAR) handles license hearings and appeals.

Can You Get a DUI on a Horse in Florida?

Yes. Although Florida DUI laws technically apply to the operation of a "vehicle" while intoxicated, it is possible to be charged with a DUI while riding a horse. The definition of a vehicle in Florida per Fla. Stat. § 316.003(109) is any device on which a person or property may be transported except those used exclusively on stationary rails or tracks. Since a horse can transport a person, it may be argued in court that it falls within this definition.