Driving Under the Influence (DUI) Second Offense Outside Of Five Years
The criminal offense of DUI 2nd offense outside of five years occurs when a person has already been convicted of one DUI when the conviction was more than 5 years from the date of the second DUI arrest. There are several mandatory penalties associated with a 2nd DUI offense outside of 5 years.
Penalties for DUI 2nd Offense Outside Of Five Years
- Jail: Minimum 0 days to a Maximum of 270 days.*
- Probation: Maximum of 12 months.
- Fine: Minimum $1,000 to a Maximum of $2,000.**
- Driver’s License Suspension: Minimum 6 months to a Maximum of 12 months
- Community Service: Not mandatory.
- DUI School: Level II.
- Vehicle Impoundment: 10 days
- Ignition Interlock Device: At least 1 year.***
If you have been arrested for a DUI second outside of five years, please contact a
Palm Beach criminal defense lawyer at Bottari & Doyle for a free consultation.
*If the defendant was charged with an Enhanced DUI 2nd offense (.15 BAL), or if as a result of operating the vehicle, the defendant causes or contributes to causing damage to another’s property or injury to another, then the person commits a first degree misdemeanor punishable by up to 1 year in the county jail.
**The fine increases to $2,000 to $4,000 if the defendant’s breath or blood alcohol level was .15 or higher, or if a person under the age of 18 was in the vehicle.
***The Ignition Interlock Device period increases to a minimum of 2 years if the defendant’s breath or blood alcohol level was a .15 or higher, or if a person under 18 was in the vehicle.