Driving Under the Influence (DUI) Second Offense within Five Years
The criminal offense of DUI second within 5 years occurs when a person is arrested for DUI less than 5 years after the first DUI conviction. For example, a person convicted of a first DUI in 2011 who is arrested for a 2nd DUI in 2014 can be charged with DUI 2nd Within 5 Years.
Penalties for second DUI offense within five years:
- Jail: Minimum 10 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 5 year Driver’s License Suspension.
- Community Service: Not mandatory.
- DUI School: Level II.
- Vehicle Impoundment: 30 days
- Ignition Interlock Device: At least one year.***
If you have been arrested for a DUI second offense within five years, please contact a knowledgeable
Palm Beach criminal defense lawyer at Bottari & Doyle for a free consultation.
*If the defendant’s breath or blood alcohol level was .15 or higher, the maximum amount of jail time increases to 1 year. Additionally, if the defendant caused or contributed to causing property damage or injury, the maximum amount of jail time increases to 1 year.
**The fine range 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 18 was in the vehicle.
***The Ignition Interlock Device period increases to at least 2 years if the defendant’s breath or blood alcohol level was .15 or higher, or if a person under 18 was in the vehicle.