In Florida, If you’re convicted of a 2nd DUI, you could face some harsh penalties, including a fine of up to $2,000 and jail time of up to nine months. If your blood alcohol level was .15 or higher or if a minor was in your car, you could also be sentenced to up to 12 months in prison.
Florida's DUI laws are fairly stringent and these laws get progressively tougher the more one person offends. Being found guilty of a second DUI comes with a more expensive fine and/or potentially more prison time than a first offense.
If you’re facing a 2nd DUI conviction in Florida, you need to understand the severity of the situation and prepare yourself for jail time and fines. Jerry
, the driving expert and free car insurance
comparison tool, can guide you through the aftermath of a 2nd offense DUI in Florida. We’ll also go over some options for finding lower Florida car insurance costs
despite a spotty driving record. What is a 2nd offense DUI in Florida?
A 2nd offense DUI in Florida simply means that you are being charged with a DUI while one is already on your record.
According to Florida law, driving under the influence (DUI
) of alcoholic beverages, controlled substances, or chemical substances is a major offense. It requires evidence of impairment of normal faculties, unlawful blood alcohol, or breath alcohol level of a minimum of .08. It doesn’t matter how the offense is proven—upon conviction, the penalties are the same. Florida DUI laws are very strict. In Florida, a DUI will stay on your driving record for 75 years. That might seem tough, but considering how many people each year are injured and killed by impaired drivers, it’s more than fair.
Key Takeaway In Florida, if you already have a DUI on your record and you are found to be driving with impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or higher, you could be charged with a 2nd offense.
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What is the punishment for a 2nd DUI in Florida?
A second DUI conviction in Florida can result in a fine of at least $1,000 and up to $2,000. You can also receive a prison sentence of up to nine months—unless you had a blood alcohol level of .15 or higher or a minor was in the vehicle. In that case, you’ll face up to 12 months in jail.
The court can decide if part of your sentence can be served as a patient at an alcoholism or drug abuse treatment program and if the time served there will be credited toward your prison sentence.
A second DUI conviction could also have some additional penalties sentenced by the court. Some of these penalties include:
Community Service—usually in the neighborhood of 50 hours.
Probation—requires a total period of probation and incarceration that can not exceed 12 months. If a defendant isn’t sentenced to any jail time, the court could impose 12 months of probation.
Immobilization or impoundment of your vehicle—30 days, mandatory for a second DUI conviction within five years. This can not happen concurrently with imprisonment. If the second DUI happened outside of five years, the period of impoundment is reduced to only 10 days.
All of this is up to a court’s discretion. For some offenders, a judge might view community service, house arrest, or rehab as a more suitable punishment. Other offenders might be viewed as needing a harsher sentence.
There are aggravating factors that can lengthen a jail sentence or increase the fine for a 2nd DUI, including:
A DUI where you caused property damage or personal injury to another person could see the charge upgraded to a first-degree misdemeanor.
You could face stiffer penalties for a DUI that involved a crash that resulted in serious bodily injury.
If you are convicted of a third DUI within ten years of a prior conviction or a fourth or subsequent DUI, you could be charged with a third-degree felony.
If your charge is for vehicular homicide, it could be upgraded to a second-degree felony.
If your charge is for DUI manslaughter/leaving the scene, it could be upgraded to a first-degree felony.
To learn more about the penalties for a 2nd DUI, see section 316.193 of the Florida Statutes
. Key Takeaway A second DUI conviction in Florida includes a fine of at least $1,000 and up to $2,000, plus a prison sentence of up to six months. If you have a blood alcohol level of .15 or higher or a minor was in the vehicle, your jail time can be up to 12 months.
How much does a 2nd DUI in Florida cost in the long run?
The first stage of being accountable for a 2nd DUI in Florida means serving whatever sentence the court delivers. Once that’s done, you’re not exactly in the clear, though. You might still have to deal with probation, fines, DUI school, having your license suspended
and higher insurance premiums and rates. A 2nd offense DUI in Florida could cost you around $10,000 when all is said and done.
Let’s break down some of these costs.
Fees, penalty assessments, and DUI school
A fine for a 2nd DUI can cost you between $1,000 and $2,000, but with fees, your fine will be much higher. You might also be responsible for enrolling in a DUI school, which typically costs between $260 and $290.
Alternative transportation
A lot of people forget to factor in the cost of getting around once they are not allowed to drive legally. You will have to pay for cabs, ride-share services, and public transportation, all of which add up pretty fast.
Increased car insurance costs
Post-conviction, your car insurance premium could go up around 80%, which is the average. This means you’ll be paying a lot more to meet Florida’s car insurance laws
. And the elevated rates you face won't be going down anytime soon. MORE: The traffic tickets that have the greatest effect on your car insurance rates
How to avoid jail time for a 2nd DUI in Florida
One way to limit or even avoid landing yourself in jail is to hire a defense attorney. Most defense attorneys are skilled at getting a prison sentence lowered or even thrown out in exchange for something else.
Your best bet might be to plea bargain with the help of your defense attorney, especially considering that Florida does not prohibit plea bargaining in DUI cases. That said, plea bargaining is not allowed in cases where the driver's blood alcohol concentration was .15% or higher or where injuries, fatalities, or property damage were involved.
If you were convicted of a reckless driving offense—where drugs or alcohol played a role alongside another reckless driving penalty—you will be required to complete a DUI substance abuse education course and evaluation.
How to find affordable car insurance in Florida after a 2nd DUI
Assuming you get your driver’s license back, you need to prepare yourself for a serious hike in your car insurance premiums and rates.
Insurance companies label a driver with a DUI as “high-risk.” Repeat offenders are seen as even riskier—and, remember, in Florida, these charges will stick on your record for 75 years. You will never qualify for lower rates on your own. You need help. You need Jerry
—the best app to save on car insurance after a DUI. Jerry’s only job is to find you the best car insurance
coverage at the lowest possible rate. By working with 55+ providers, including many based in Florida, Jerry will find you a policy that doesn’t fully reflect your past mistakes. Users save an average of over $800 a year on car insurance.
“I saw an ad for Jerry
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