Stefan Campagna, Esq

Your Sarasota DUI Defense Attorney

(941) 780-7767

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Under Florida Statute 316.193 the crime of a Second DUI within five (5) years of a prior conviction is committed in Florida when a person: (i) drives a vehicle, or is found to be in actual physical control of a vehicle, within the state of Florida; (ii) is either: (a) under the influence of alcohol, any chemical or controlled substance, when affected to the extent that the person’s normal faculties are impaired; or (b) has a breath-alcohol level of 0.08 or higher; or has a blood-alcohol level of 0.08 or higher; and (iii) has been convicted of DUI within five years of the current DUI.


If the second conviction is within five (5) years then: (i) a fine between $1,000 - $2,000; (ii) a mandatory imprisonment of at least 10 days (at least 48 hours must be consecutive); (iii) twelve (12) months of probation; (iv) minimum five (5) year driver license revocation; (v) thirty (30) day immobilization or impoundment of your vehicle (must not occur concurrently with incarceration); (vi) mandatory placement of an ignition interlock device upon all vehicles owned, used, or routinely operated by the convicted driver for not less than one year; (vii) completion of a twenty-one (21) hour DUI Substance Abuse Course; and (viii) completion of substance abuse treatment.

Enhanced Penalties for second DUI offense: (i) breath or blood alcohol level of .15 or higher; or (ii) accompanied in the vehicle by a minor at the time of arrest.

Sarasota DUI Criminal Defender
Sarasota Drunk Driving Defense

The crime of second (2) DUI offense is classified as a Second Degree Misdemeanor in Florida, but carries standardized DUI penalties that are more severe than a traditional Second Degree Misdemeanor. It is committed in Florida when a person: (i) drives a vehicle, or is found to be in actual physical control of a vehicle, within the state of Florida; (ii) is either: (a) under the influence of alcohol, any chemical or controlled substance, when affected to the extent that the person’s normal faculties are impaired; or (b) has a breath-alcohol level of 0.08 or higher; or has a blood-alcohol level of 0.08 or higher.

Standard second DUI penalties, if more than five (5) years has passed since prior conviction, include: (i) up to nine (9) months in jail; (ii) up to twelve (12) months of probation; (iii) minimum six (6) month driver license revocation; (iv) fine between $1,000 - $2,000; (v) ten (10) day vehicle impoundment or immobilization; (vi) mandatory placement of an ignition interlock device upon all vehicles owned, used, or routinely operated by the convicted driver for not less than one year; (vii) 50 hours of community service; (viii) completion of a twenty-one (21) hour DUI Substance Abuse Course; and (ix) completion of substance abuse treatment.


Enhanced penalties for second DUI offense: (i) breath or blood alcohol level of .15 or higher; or (ii) accompanied in the vehicle by a minor at the time of arrest.

SECOND SARASOTA DUI ARREST CHARGES AND FINES

Sarasota DWI Defense