Second Time DUI Penalties

What Are The Penalties For DUI in Florida?

Second Time DUI Penalties:
BAL under .15 and no child in vehicle BAL over .15 or child in vehicle
Offense Level:  Misdemeanor   Offense Level:  Misdemeanor
JAIL: 0 to 9 months  JAIL: 0 to 12 months
*Mandatory minimum 10 days jail for second offense within 5 years
Fines: $1000 to $2,000 Fines: $2,000 to $4,000
Driver License:  Revoked 180 days to 1 year Driver License:  Revoked 5 years
Ignition Interlock:  1 year Ignition Interlock:  2 years
Probation:* 6 to 12 months Probation:* 6 to 12 months

*Probation requirements include at least 50 hours Community Service; completion of a DUI/Substance Abuse Program including a psychosocial evaluation and any recommended treatment; and payment of all fines, court costs, and costs of probation.  For a second offense within 3 years, Court must order impound or immobilization of all vehicles of the Defendant for at least 30 days.


A DUI offense that would normally qualify as a Misdemeanor can be charged as a Third Degree Felony if it caused serious bodily injury. A DUI Manslaughter offense is a Second Degree Felony that includes a mandatory prison sentence of at least 4 years (and up to 15 years). A DUI Manslaughter offense in which the Defendant knew or should have known that a crash occurred and failed to stop and give information or render aid is a First Degree Felony that includes a mandatory prison sentence of at least 4 years (and up to 30 years). In all cases in which a Defendant is sentenced for DUI, the Court is required to impose Adjudication of Guilt (the Court may not withhold adjudication); and the Court must assess mandatory court costs in addition to any fines imposed. Florida’s DUI laws are complicated and they provide for severe penalties.  If you or your loved one has been charged with DUI, you should contact an experienced criminal defense attorney as soon as possible.  As a criminal defense lawyer, DeLand Attorney Richard “Jake” Jackson handles DUI cases and other complex criminal cases in Daytona Beach, DeLand, Sanford, Tavares, Bunnell, and St. Augustine.  You can contact Attorney Richard “Jake” Jackson at (386) 738-1111 to schedule a consultation in his DeLand office or at a jail or correctional facility.

Read More – Third Time DUI Penalties