Miami Second DUI Defense Attorney
Client-Focused Attorney Assisting Clients in Fort Lauderdale
A person faced with his or her second DUI offense has a lot at stake. They could not only lose their professional license, current employment, and their right to vote, but their second DUI conviction could result in additional fines, tedious probation obligations, lengthy imprisonment, and the consequences of toting two DUI convictions on their record for the remainder of their life.
Being subjected to penalties this severe could not only jeopardize a person’s reputation in their community, but it could possibly cost them their family and close friends. This is why it is vital to have a knowledgeable attorney that has experience handling second DUI offenses in Miami on your team.
Attorney Evan Hoffman of The Hoffman Firm is a criminal defense attorney and former criminal prosecutor that has extensive experience representing clients faced with a plethora of DUI charges or other drug-related offenses. As a former Assistant State Attorney for the Broward County State Attorney’s Office, he understands the types of weaknesses in a prosecutor's case that can make it difficult to obtain a conviction.
We’ll help you understand the legal processes and your options. Call us at (305) 928-1669 today if you are in Miami. Call 954-737-3004 if you are in Broward County.
Second DUI Overview
Under Florida law, an individual may be charged with DUI if he or she is driving or in physical control of a vehicle while their normal faculties are impaired and/or they have a BAC of 0.08 or higher. If convicted of DUI, an individual faces jail time, license suspension, and steep fines. However, an individual convicted of a second DUI faces stiffer criminal penalties.
A second DUI is a conviction that occurs within five years of a previous DUI-related offense, including:
- DUI with a BAC of 0.15% or more
- DUI with a child passenger
- DUI involving property damage
- DUI involving serious bodily injury
The five-year period between DUI convictions is commonly referred to as a look-back period.
Penalties for Second DUI Offenses
The penalties imposed by Florida courts can be substantially more severe for a person with a previous DUI conviction on their record. Judges and juries may be more willing to accept a person’s claim that a driving under the influence (DUI) arrest was an isolated occurrence unrepresentative of the normal care that the individual takes in a motor vehicle when the alleged offender has not been previously convicted of drunk driving. When a person arrested for DUI in Florida does have a prior conviction on his or her record, a judge or juror is less likely to be sympathetic.
Prosecutors in Florida take any repeat drunk driving offense seriously and often pursue very serious penalties for the people accused of these crimes. The possible severity of the consequences of a second DUI conviction depends on whether the alleged offender’s previous arrest occurred within the five-year look-back period.
When a person is arrested for a second DUI in Florida, it will typically be classified as a first-degree misdemeanor. Those that are arrested twice within the look-back period face enhanced penalties. It’s important to note that convictions for alcohol-related driving violations in other states can be counted as prior convictions in Florida.
Under Florida Statute §316.193(2)(a), a second DUI conviction is punishable by up to 9 months in jail and/or a fine ranging anywhere from $2,000 to $4,000. Second offenses committed within the look-back period are also punishable by a minimum of 10 days in jail.
An alleged offender arrested for his or her second DUI offense can have his or her driver’s license suspended for 180 days to 1 year. If a person’s prior conviction falls within the look-back period, his or her license may be suspended for a minimum of 5 years with no restricted driving privileges being available for the first 12 months. Individuals have only 10 days to request a formal review hearing to contest the administrative suspension of their driver’s license.
A court will also order the placement, at the alleged offender’s sole expense, of an ignition interlock device (IID) for at least one year upon all vehicles that are individually or jointly leased or owned and routinely operated by the alleged offender. For alleged offenders with BAC levels of 0.15 or higher, the IID period is two years.
The court must also, as a condition of probation, order the impoundment or immobilization of all vehicles owned by the alleged offender at the time for a period of 30 days or for the unexpired term of any lease or rental agreement that expires within 30 days.
A person could also face additional penalties that may include community service, probation, and DUI School attendance.
The Aggressive Representation You Need
If you were arrested for a DUI and have a pending offense, or you were previously convicted of DUI, the penalties you are facing could put your career and freedom in serious jeopardy. However, an experienced Miami second DUI defense attorney handling your case could help preserve your freedom and livelihood. Attorney Evan Hoffman of The Hoffman Firm has over 20 years of experience successfully representing clients faced with DUI offenses.
Our Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.
Decades of Experience
Attorney Evan Hoffman has over two decades of experience fighting for the accused.
Premier Criminal Defense Firm
Experienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.
Proven Track Record
Client satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.
Florida Former State Prosecutor
Attorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.
Free Initial Consultation
We offer free initial consultations to ensure that we have your best interests in mind.