We Fight For Your Freedom

Second DUI

If you are facing a second DUI offense, The Law Offices of Bryan J. McCarthy, Melbourne DUI attorney represents clients throughout Brevard County area including Palm Bay, Indian Harbor Beach, Melbourne Beach, Malabar, West Melbourne, Cocoa Beach, Palm Shores, Melbourne Village, Grant-Valkaria, Indialantic, Rockledge, Cape Canaveral, Melbourne, Satellite Beach, Titusville, and Cocoa. Our attorney realizes for second-time offenders being charged with another DUI can sometimes be more stressful than the first experience.

Melbourne Second DUI Lawyer

Our experienced Melbourne DUI attorney is dedicated to striving to obtain the best possible outcome for your case. Second-time DUI offense punishments may be more severe than the first time, but at The Law Offices of Bryan J. McCarthy, we are prepared for anything that may occur in court. Melbourne’s criminal defense attorney will challenge the prosecution aggressively on your behalf.

According to The State of Florida DUI law to be convicted of a DUI:

Your blood alcohol content (BAC) is above .08%, although you may not appear to be impaired; or
Your BAC is below .08% but the DUI officer determined that your driving is impaired and alcohol or controlled substances exist in your system

Individuals arrested for DUI’s will be released only if they meet the State’s specific conditions for release. The DUI offender must no longer be under the influence and faculties must be back to normal conditions. Blood and breath alcohol content levels must be lower than 0.05 or a time span of eight hours from the time of the arrest must elapse.

Possible Penalties for Second-time DUI convictions

Imprisonment:

Dependent upon the court, you may be able to serve your imprisonment sentence in a confinement with an alcoholism or drug abuse treatment program. Second-time offenders will not be confined for more than 9 months unless their blood or breath alcohol content level is 0.15 or higher, which will enhance the confinement terms to no more than 12 months. If your second offense occurs within 5 years from your first offense, you will be required to be imprisoned for at least 10 days; you must be confined at least 48 consecutive hours.

Fines:

The State of Florida fines for second-time DUI charges, if convicted, will amount from $1,000 to $2,000 and more. In cases when an offender’s blood or breath alcohol content level is 0.15 or higher, or when a minor is in the automobile, fines will amount from $2,000 to $4,000 or more.

Immobilization:

Unless the family of the defendant has no other form of transportation, second-time DUI offender’s automobiles may be immobilized for 30 days if the offense occurs within 5 years from your first offense. If the automobile is owned by the defendant and is used by the employees of the defendant or any business owned by the defendant, the court may dismiss the order of impoundment for the automobile.

Driver’s License Revocation:

If convicted of a DUI for the second time in 5 years, the offender’s driver’s license may be revoked for a minimum of 5 with eligibility for reinstatement after 1 year. Revocation penalties for other second-time offenses are categorized under first-time DUI driver license revocation.

Driver’s License Reinstatements:

Second-time DUI offenders with a conviction occurring within 5 years may apply for hardship reinstatement hearing after one year. Offenders must complete DUI School and remain in the DUI supervision program for the remainder of the revocation period. Offenders must not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. The offender’s automobile will require a mandatory ignition interlock device for one year—or two years if blood/breath alcohol content level is greater than 0.20. Failure to report for counseling or treatment will result in cancellation of the hardship license.

DUI School Requirements:

DUI offenders convicted for the second time must complete the level two DUI School following any conviction.

The Law Offices of Bryan J. McCarthy | Second DUI Arrest in Brevard County

If you are located in Brevard County, Volusia County, Seminole County, Osceola County, Indian River County or Orange County and you are in need of a DUI lawyer, let our impaired driving attorney represent you for your second DUI offense. Contact the criminal defense attorney in Melbourne, FL to discuss your case.

The Law Offices of Bryan J. McCarthy will evaluate the arresting law enforcement officer procedure and the results of any field sobriety and chemical tests. Our extensive background knowledge in dealing with the State of Florida DUI laws will be beneficial in our approach to clear your name and fight for the best possible result in your case. Provide us with the specific details of your case in our online form or call today at (321) 248-7742.

Contact Us Today

First Name

Please enter your first name.
Last Name

Please enter your last name.
Email

This isn't a valid email address.

Please enter your email address.
Phone

This isn't a valid phone number.

Please enter your phone number.

You entered an invalid number.
Are you a new client?

Please select an option.
Message

Please enter a message.

Testimonials

Thank you again for being a real lawyer.
“I just wanted to thank you for serving as a good example for all lawyers out there. Thank you for taking care of my friend and her son and for going the extra mile. I know it’s not easy. All too often I hear terrible stories about how some bad apples treat their clients. It’s nice to know that I’m not the only one who treats their clients almost like family. Thank you again for being a real lawyer.”

E.B.
When I had my free consultation with him, I was blown away. His professionalism, intelligence, and character is everything you would ever want in a lawyer.
“I had never previously been in an ounce of trouble; not even a detention in high school. When I learned that I had been charged with a felony punishable by a maximum sentence of five years of imprisonment, my life flashed before my eyes. I as stunned and shell-shocked by the experience. When I was contemplating my options on a public defender or a lawyer, my friend, who had been in trouble recently, recommended “The Savior” (at least that’s what I call him now!) Mr. McCarthy! This man knows what he’s doing! When I had my free consultation with him, I was blown away. His professionalism, intelligence, and character is everything you would ever want in a lawyer. Bryan knows the law inside and out to the point where once you leave the office, you’ll be gaping with eyebrows raised and say to yourself, “Wow … I’m impressed.” Needless to say, I felt ten times more comfortable coming out of that office than I did going in. When consulting with him, he utilized the perfect blend of realism and reassurance to let me know of my potential outcomes while simultaneously restoring my peace of mind. I felt that I could live worry-free after hiring him. Oh, and guess what?! After his dedication to my case, I learned about a month later that the charges were COMPLETELY DROPPED! You read that right! COMPLETELY DROPPED! I was so thankful that I looked up into the sky and shed tears with my mom’s arms wrapped around me, and it was all because of Mr. McCarthy. This man made the continuance of my dream to pursue teaching possible! Whatever you are looking for in a lawyer, I guarantee you!! Mr. McCarthy is the man! He is “The Savior!””

S.M.
I was treated with respect and transparency from the front desk through the closing of my case, and left each interaction feeling more relieved and confident than before.
“Mr. McCarthy and Ms. Harris were as professional, responsive and informative as I could have hoped for throughout this entire process. I was treated with respect and transparency from the front desk through the closing of my case, and left each interaction feeling more relieved and confident than before. Most importantly, Mr. McCarthy delivered on what he promised me at our initial consultation. For all the above reasons, I am genuinely grateful that I was represented by Mr. McCarthy and the Law Offices Bryan J. McCarthy.”

B.J.
He asked all the right questions and was very careful to make sure he understood my case so that he was prepared to represent me at a hearing that I could not attend!
“I hired Mr. McCarthy and could not have made a better choice! He asked all the right questions and was very careful to make sure he understood my case so that he was prepared to represent me at a hearing that I could not attend! Needless to say his preparation paid off for me! The hearing was ruled in my favor thanks to Attorney Bryan McCarthy! I would high recommend Bryan to anyone!”

J.M.
Mr.McCarthy is a true professional by responding rapidly to my case with many vigorous defense capabilities.
“Mr.McCarthy is a true professional by responding rapidly to my case with many vigorous defense capabilities. So, if you are in need of the best representation the Space Coast has to offer, look no further you will not be disappointed.”

D.H.