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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.