Florida DUI Second Offense Lawyer
Being charged with a second DUI is more than frustrating, it is terrifying. Having already gone through this process before, you know the punishments for a DUI are difficult to stomach and can set you behind in school or at work. Now you have to go through it again. However, no matter how you handled your first DUI, you have the opportunity to work with an experienced Florida DUI second offense lawyer and fight for your freedom.
Call Erika Valcarcel, Criminal Defense Lawyer, P.A. today at (941) 363-7900 to find out how we can help you through this difficult situation.
If you are convicted of a second DUI in Florida, you can expect harsh consequences that will affect your life in a number of ways, from your career to relationships with friends and family. The consequences for a Florida second DUI may include:
- Fines and court fees
- House arrest
- Community service
- Driver’s license suspension or revocation
- A permanent criminal record
- Higher car insurance rates
- Restitution and civil liability for damages or injuries you caused during a DUI
When you have been charged with a DUI for the second time, do not wait before contacting a Florida DUI second offense lawyer near Sarasota (if that is where you received your charge) who can fight to have the charges dropped or to minimize the consequences of conviction. A skilled attorney can help you avoid some of the harshest consequences of a DUI conviction, such as a significant jail sentence or losing your license for a prolonged period of time.
Your best bet is to call Florida DUI second offense lawyer Erika Valcarcel as soon as possible. She has years of experiencing defending against subsequent DUI charges. She also brings insights to your case from the other side of the courtroom, as she previously worked as a prosecutor. She knows what to expect from prosecutors in Sarasota and Manatee counties and how to discredit their arguments.
Contact Erika Valcarcel, Criminal Defense Lawyer, P.A. today to schedule a free consultation.
Penalties for a Second DUI Conviction
Florida judges do not look kindly upon individuals back in court on another DUI charge. Even a first mistake and DUI charge can result in tough consequences. For a second offense, you can expect very little leniency. That is why you need an experienced Florida DUI second offense lawyer to fight on your behalf.
You can be convicted of a DUI in Florida if your normal faculties are impaired or if you have a blood or breath alcohol content level at or above .08 percent. The statutory penalties include:
- Impairment or BAL above .08 – If your second DUI conviction is based on your impairment or a BAL between .08 and .14 percent, then you face a jail sentence up to nine months long and a fine between $1,000 and $2,000.
- BAL above .15 – If your BAL at the time of the second DUI is above .15 percent, then you face up to one year in jail and a fine between $2,000 and $4,000.
- Minor in the Vehicle – If there is a minor in your car at the time of the DUI, you can be sentenced to one year in jail and a fine between $2,000 and $4,000.
- Within 5 years of the First DUI – If your second DUI is within five years of your first DUI conviction, then you must complete a mandatory incarceration of at least 10 days, with 48 hours of consecutive confinement.
Additional consequences include having your vehicle impounded for 30 days, DUI school, and losing your license for a period of time.
Losing Your License after Your Second DUI Charge
When you are arrested for a DUI, you first have to deal with an administrative license suspension. This is not a criminal punishment upon conviction. This goes into effect immediately upon your arrest. For a second DUI, the administrative suspension is for one year.
If you are convicted of a second DUI, you can expect to lose your Florida drivers license after a DUI for a period of time. If your second offense is within five years of your first DUI, then your license can be revoked for at least five years. You must serve at least one of those years as a hard suspension. However, after this year, you can apply for a hardship license. You may have to complete DUI school and alcohol or drug treatment before you qualify for a hardship license.
If your second DUI is not within five years of your first offense, your license revocation will be between 180 days to one year. Hardship licenses are not available during this time.
Judges have some discretion in how long they suspend or revoke your license. Your Florida DUI attorney can fight for the shortest period possible. Additionally, if you must complete one year of a hard suspension, your attorney can prepare you for the process of applying for a hardship license as soon as possible.
Defending Against a Second DUI Charge
There are a number of ways to defend against a DUI charge, including questioning the:
- Legitimacy of the initial stop
- Police officer’s observations during the stop
- Accuracy of any field sobriety test given
- Officer’s analysis of the field sobriety test
- Accuracy of a breath or other chemical test
By working with an experienced Sarasota DUI attorney, you have someone on your side who knows how to poke holes in the prosecutor’s case and show that law enforcement made a mistake in arresting you.
Contact a Florida DUI Second Offense Lawyer Today
Erika Valcarcel, Criminal Defense Lawyer, P.A. is dedicated to helping you face your DUI charge. Going through a Sarasota DUI court process is intimidating and stressful, but Erika Valcarcel is prepared to stand by your side throughout the entire process, ensuring you are never confused or uneducated about your options.
For more information, call Erika Valcarcel, Criminal Defense Lawyer, P.A. today at (941) 363-7900 to schedule your initial consultation.