A second DUI is not a bigger first DUI. Florida treats it as a different kind of case, and a third can become a felony. The law builds in mandatory consequences, so the early decisions matter more.
What changes with a second DUI?
The fine range goes up, the possible jail term goes up, and a judge must order an ignition interlock device on your car for at least a year. If the second offense falls within five years of the date of your first conviction, the law requires at least 10 days in jail, and the court orders your vehicle immobilized for 30 days. Your license is revoked for longer: at least five years if the second offense falls within five years of the first conviction, though a hardship license for work and basic needs may be available after part of that time.
When does a DUI become a felony?
A third DUI within 10 years of a prior conviction can be charged as a felony. If it is charged as a misdemeanor, the law still requires at least 30 days in jail and a license revocation of at least 10 years. A fourth or later DUI, no matter how far apart they are, can also be charged as a felony, and the license revocation is permanent. A DUI that causes serious injury is also a felony, and a death is a DUI manslaughter charge, which carries a mandatory prison minimum.
Why do old DUI convictions need a hard look?
The State must prove each prior conviction and that it counts. Out-of-state convictions, old pleas and counseled versus uncounseled records all get checked, because an error in the record can change which charge applies and what the penalties are.
What do I do in a repeat DUI case?
I pull the prior records and the new case file at the same time. The question is often whether the prior counts, whether the stop and the test hold up, and whether there is a way to resolve it that keeps you out of prison and keeps you able to work and drive where possible. I will tell you plainly where the risk is.
If you have been arrested for a second or third DUI in Hillsborough, Pinellas or Pasco, call me at (813) 228-6001.
The consultation is free.
Common questions
Is the consultation free?
Yes. Call me at (813) 228-6001 and we can talk about the charge and what comes next. The consultation is free.
What should I bring to the consultation?
Bring whatever paperwork you have: the citation, the paper permit that replaced your license, any bond or release papers, and notices of court dates. If you don’t have them yet, call anyway and we will sort out what is missing.
Where do you handle cases?
Mainly in Hillsborough, Pinellas and Pasco counties, from my office in Tampa.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship. Every case is different. Past outcomes do not guarantee a similar result.
The law (short version): Fla. Stat. 316.193(2) and (3), 322.28(2).
The Law Office of Adam B. Landeen, PA
2511 W. Columbus Dr., Tampa, FL 33607
(813) 228-6001
Related: DUI defense, First Offense DUI in Tampa Bay, Refusing a Breath or Blood Test in Florida, and what happens to your license after a DUI arrest.