Anyone who finds themselves in a position to be sentenced for a second DUI in Ft Lauderdale should expect at least all the same penalties of a first offense with one exception of 50 hours of community service which is mandatory on a first offense DUI. There are many other potential consequences of second-offense DUI penalties in Ft Lauderdale.
If you are facing your second DUI, it is essential for you to have an experienced Ft Lauderdale DUI defense attorney who knows how to best handle these types of cases and can help to build a defense in order to mitigate any potential penalties you face for conviction.
Consequences of Conviction
Community service is not part of minimum mandatory sentencing penalties on a second offense DUI in Ft Lauderdale. If an individual does not have a driver’s license, it is difficult for them to get to the location for their community service. The fine doubles from $500 fine to a $1,000 in a second DUI offense as well.
After a second DUI conviction, the Department of Motor Vehicles will not allow an individual to obtain a hardship license during the period of time that they are undergoing their court driver’s license suspension. A hardship license is a license obtained through the Department of Motor Vehicles which allows the individual to drive for business purposes, their employment, education, medical, or religious function.
There is a longer period of probation on a second offense as well. The level of education, which is commonly referred to as DUI school, goes from level one to level two on a second offense. Counseling after the classroom education portion of the DUI school is assigned to some individuals and is usually required on a second offense. Ignition Interlock installation is a mandatory penalty in Ft Lauderdale on a second offense DUI.
Time Between Offenses
Florida Legislators have chosen the five-year period as the line of demarcation as it relates to how they are going to treat a second DUI in Ft Lauderdale. If an individual receives a DUI within five years of the date of a previous conviction, it is treated as a second DUI within five years. This ruling used to read from conviction date to conviction date within five years, but if there was an appeal or other efforts to delay or attempt to delay the resolution of the second DUI, that would control when the second conviction was going to occur. Now, the time is calculated from the date of the prior conviction to the date of the new offense. If the two DUIs occur within that five year period, it triggers mandatory jail time in the amount of 10 days.
Florida DUI statute says that 48 hours out of those 10 days have to be served consecutively. A second DUI conviction in Ft Lauderdale that occurs within five years of a previous DUI conviction has a mandate of a five-year loss of an individual’s license and the Department of Motor Vehicles will not consider an individual’s request for a hardship license until the expiration of the first year of the five-year suspension. The judge is allowed to use their discretion to substitute residential treatment in lieu of imposing the mandatory 10-day jail sentence in the second offense within five years.
Upon receiving a second offense DUI in Ft Lauderdale, a person who genuinely needs treatment for substance or alcohol abuse could be sent to a residential secured treatment facility instead of the mandatory 10 days in jail. This treatment would last approximately 30 days. Some judges will sentence the person to 60 days for treatment. These individuals will be required to have a professional evaluation with somebody who is known within the court system and who has worked with the judge before. This professional will make a recommendation to the judge as to what they feel is appropriate. This process could be beneficial to an individual in helping them avoid going to jail and certainly could be beneficial from a clinical standpoint.