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Second DUI

A second driving under the influence of alcohol or drugs (DUI) in Gainesville can result in serious penalties, including mandatory jail time, vehicle impoundment, mandatory driver’s licenses sentences, vehicle immobilization and fines.

Additionally, an individual who has been convicted of a second drinking and driving offense is required to submit continuing proof of financial responsibility that they possess vehicle insurance (an FR-44 form). Insurance companies providing this type of insurance generally require the driver to have higher liability limits, which can cause the insurance premiums to drastically increase.

If you have been pulled over on suspicion of your second DUI offense in Florida and refuse to submit to chemical testing or fail to pass an intoxication test because your blood or breath alcohol level was over .08, it is important to remember you only have ten days to request an administrative license suspension review hearing under Fla. Stat. § 322.2615. Therefore, it is essential to immediately contact an experienced DUI defense attorney in Gainesville.

Gainesville Second DUI Lawyer

If you have been charged with a second DUI offense in Gainesville, or any of the surrounding areas in Florida, including Ocala, Alachua and Lake City, contact the Galigani Law Firm. Dean Galigani is an experienced DUI lawyer who will make every effort to fight the allegations against you and help you achieve the best possible outcome in your particular situation. Call the Galigani Law Firm today for a free consultation at (352) 375-0812 about your second alleged DUI.


Gainesville Second Driving Under the Influence

As defined in Fla. Stat. § 316.193, an individual can be arrested and charged with a second DUI offense if they:

  • Have actual physical control of a vehicle or are driving a vehicle, and
  • Have impaired normal faculties due to the influence of alcohol and/or drugs.

Normal faculties are generally defined as physical or mental activities an individual does on a daily basis with minimal thought, including walking, talking, balancing, breathing, and controlling motor skills.

Additionally, Florida law provides for a per se DUI law. Under this law, even if the driver has control of their normal faculties, they can still automatically be charged with DUI if their blood or breath alcohol concentration (BAC) level is over the legal limit. According to section 316.193 of the Florida Statutes, an individual can be arrested and charged with a per se second driving under the influence offense if they:

  • Have actual physical control of or are driving a vehicle, and
  • Have a blood or breath alcohol level of .08 or higher.

Anyone who has been charged and convicted of any of the following DUI offenses can be charged with a second driving under the influence offense:

  • Commercial Vehicle DUI,
  • DUI Drugs,
  • DUI Manslaughter,
  • DUI with Property Damage,
  • DUI with Serious Bodily Injury,
  • First Driving Under the Influence, and
  • DUI Under the Age of 21.

Penalties for a Second DUI Conviction in Gainesville

A second DUI offense can result in a misdemeanor conviction, which is punishable by any of the following penalties:

  • Ignition Interlock Device – An individual convicted of a second DUI offense is required to install an ignition interlock device on their car for one year. If the individual has a high blood or breath alcohol concentration level of .15 or higher, they may be required to install an ignition interlock device for up to two years. In addition to installing the device, the individual may be required to pay fees to maintain and calibrate the ignition interlock device.
  • Imprisonment – If an individual has been convicted of two DUI offenses, they can be sentenced up to nine months in jail. However, if the two DUI convictions were within a period of five years of each other, the offender is required to spend at least ten days in jail with a mandatory consecutive 48 hours in jail, but the term of imprisonment can last up to nine months. If the alleged second DUI offender has a high blood or breath alcohol concentration level of .15 or higher, they can be sentenced to a jail term up to 12 months.
  • Driver’s License – According to Fla. Stat. § 322.28, an individual who is convicted of a second DUI offense in Florida within five years of any previous DUI offense, can receive a revocation of their driver’s license or driving privileges for a period of five years. However, they may be eligible to apply for a hardship license after serving one year of the revocation. This suspension may be in addition to any administrative license suspension for refusing to submit to chemical testing or failing an intoxication test.
  • Fines – An individual who has been convicted of a second DUI offense could face a fine ranging from $1,000 to $2,000. If the individual has a high blood or breath alcohol concentration level of .15 or higher, they can face an increased fine between $2,000 and $4,000.
  • Vehicle Immobilization – An alleged second DUI offender could also be required to impound or immobilize their vehicle for a period of 30 days if their second offense occurred within five years of the first offense.
  • Additional Penalties – In addition to the preceding punishments, a second DUI offender could also receive a psychosocial evaluation, substance abuse counseling and treatment, payment of court costs and fees, monthly probation reporting, community service and/or DUI School.

Galigani Law Firm | Gainesville 2nd Driving Under the Influence Attorney

Contact the Galigani Law Firm today for a consultation about your second drinking and driving offense throughout Alachua County in Florida. Dean Galigani is an experienced Gainesville DUI attorney who will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense. Contact the Galigani Law Firm at (352) 375-0812 for a consultation about your second DUI charges throughout the counties in Florida, including Marion County, Levy County, Columbia County and Gilchrist County.