A second charge of driving under the influence (DUI) is far more serious than the charges for a person’s first DUI. If you were previously convicted of a similar offense in another state, you could still be charged with a second DUI even if you have never been charged with a DUI in Florida.
Brooksville, Florida Second DUI Lawyer
Facing your second DUI charge can be an intimidating, distressing experience. If you have been arrested for a second DUI in Floral City, Wildwood, Lake Panasoffkee, Spring Hill, Brooksville, North Weeki Wachee, Homosassa Springs, or surrounding areas in Hernando County, Sumter County, or Citrus County, you’ll want an experienced and sympathetic DUI defense lawyer who will fight for the most favorable outcome to your case. With a family tree full of legal professionals, Ashley Aulls is a skilled and knowledgeable Hernando County criminal defense lawyer who founded The Law Office of Ashley Aulls, P.A. on the principle that the client is as important as the case. Ashley Aulls doesn’t just fight to protect your rights and your future from convictions, he seeks to educate you on your charges and keep communication lines open for your concerns. To begin fighting your second DUI charges in Hernando County, Citrus County, or Sumter County, call The Law Office of Ashley Aulls, P.A. at (352) 593-4115 today to arrange your initial case consultation.
Second DUI in Florida Overview
- Second DUI Charges in Florida
- Second DUI Penalties in Florida
- Enhanced Penalties for Second DUI in Florida
Second DUI Charges in Florida
You may be charged with a second DUI if you have been convicted of any similar offense in another state, even if this is the first DUI you have been charged with in Florida. Under Florida Statute § 316.193, a previous conviction outside Florida for “driving under the influence,” “driving while intoxicated,” “driving with an unlawful blood-alcohol level,” “driving with an unlawful breath-alcohol level,” “driving while ability impaired by alcohol,” or any other similar alcohol-related or drug-related traffic offense is considered a “previous conviction” in Florida. In Florida, you can be arrested for DUI under two different circumstances:
- if you are in actual physical control of a vehicle with your normal faculties impaired by alcohol, inhalants, or controlled substances (such as marijuana, Xanax, Oxycodone, or cocaine)
- if you are in actual physical control of a vehicle and have a blood or breath alcohol concentration (BAC) of .08 or above, this is known as a “per se” DUI
Actual physical control does include driving; however, many factors contribute to determining whether you were in actual physical control of a vehicle, such as your location in or around the car, whether you had the keys in your possession or on your person, and whether the vehicle is operable. “Normal faculties” are defined by Fla. Stat. § 316.1934 as including the ability to see, hear, walk, talk, make judgments, and normally perform general mental and physical activities of daily life. If you lack full possession of normal faculties, you are considered impaired. It is, therefore, possible to be charged with a second DUI under Florida law in Spring Hill, Brooksville, Timber Pines, or elsewhere in Hernando County or the surrounding areas if a law enforcement officer claims your faculties to be impaired even if your BAC was not over the legal limit, or if you were sleeping off the effects of the alcohol in a parked car. No matter the circumstances surrounding your DUI charge, whether you were driving or met other Florida specifications, the advice of an experienced DUI defense lawyer serving Hernando County is highly recommended.
Second DUI Penalties in Florida
The penalties that come with a conviction for a second DUI in Florida are severe and can differ based on the circumstances of your particular case. By law in Fla. Stat. § 316.193, the second conviction for DUI results in:
- Up to nine months in jail
- Up to $2,000 fine
- Up to 12 months of driver’s license revocation, with no early reinstatement for hardship possible
- Up to one year of administrative driver’s license revocation for a second BAC test over 0.08
- Level I or Level II DUI school, which may include an evaluation for alcohol and/or drug abuse as well as mandate continued treatment
In addition to penalties resulting from the conviction of DUI, you also face a year of administrative driver’s license revocation for a refusal to take a BAC test. A second or subsequent refusal can result in an 18-month driver’s license suspension. Additionally, in Florida if you are convicted of a second DUI within five years of a previous conviction you also face the following penalties:
- Immobilization or impoundment of your vehicle for 30 days, which may not be served concurrently with the incarceration
- Ordered to participate in a sobriety and drug monitoring program, at your own expense
- Mandatory minimum of ten days in jail
- Driver’s license revocation for at least five years
Additionally, when your license is reinstated after suspension for a second DUI, you will be forced to install, at your own expense, an ignition interlock device on any vehicle you own or lease for at least a year. A second DUI is graded as a first-degree misdemeanor according to case law, which means you will be required to disclose it on most Florida job applications. It can therefore affect your future educational and professional opportunities. If you are considering the services of an experienced Hernando County DUI defense lawyer as a part of your defense strategy, it is best to contact an attorney as soon as possible after your arrest.
Enhanced Penalties for Second DUI in Florida
Certain circumstances are considered aggravating circumstances for any DUI. If you had a BAC of 0.15 or higher or were accompanied by a minor in the commission of your DUI offense, you will face additional penalties. Your second DUI penalties will be enhanced to a maximum jail sentence of one year, a fine of up to 4,000, and mandatory installation of an ignition interlock device, which you must pay for, for at least two years. An experienced DUI defense lawyer serving the Brooksville area can help you fight against these enhanced penalties or other second DUI penalties in Hernando County. You face even more severe penalties if you are accused of causing or even contributing to cause property damage, injury, or death.
Resources for Second Florida DUI
Florida DUI Laws and Penalties – The Rehabs website gives a detailed look at Florida DUI Laws and Penalties. Learn about the penalties one can face in regards to DUI stops. Florida Statutes for DUI –The site for Florida Statutes showcases all the penalties for driving under the influence. Get full details on the penalties involving driving under the influence.
Find a Second DUI Attorney in Hernando County, Florida
If you are facing a second DUI in Hernando County, Citrus County, or Sumter County, contact The Law Office of Ashley Aulls, P.A.. Experienced DUI defense attorney Ashley Aulls has practiced law since 1996. He will fight to protect your rights while maintaining open communication with you during the process. Call (352) 593-4115 today to see what experienced defense lawyer Ashley Aulls can do for your second DUI case.