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.