Don't Face It Alone - Turn to Our Firm for Guidance
Facing a second offense DUI charge can be a daunting and overwhelming experience. The consequences of a second conviction can be severe, including fines and imprisonment. That's why having an experienced attorney by your side can be crucial in helping you navigate the legal process and fight for your rights.
At the Law Offices of Eric Reisinger, we bring over two decades of experience in assisting clients grappling with second-offense DUI charges. Attorney Eric Reisinger, a former prosecutor, understands both sides of the DUI judicial process in these cases, thereby bringing a valuable edge when helping you structure your defense.
What are the Penalties for a Second Offense DUI in Florida?
A second DUI offense applies when the accused has a prior DUI conviction on their record. The penalties depend heavily on whether the second DUI occurs within five years of the first offense, as this is considered an enhanced timeframe that triggers stricter punishments.
According to Florida Statutes 316.193, a second offense DUI carries a minimum fine of $1,000 to not more than $2,000. Additionally, those convicted may face imprisonment for up to 9 months. If this is not daunting enough, DUI second offense convictions also come with a requirement to install an ignition interlock device on all vehicles you routinely operate, at your own expense, for a minimum of 1 year. This includes vehicles you own or lease and those you may jointly own, such as with a spouse, partner, or family member.
Other penalties of a second offense DUI may also include:
Probation
License suspension or permanent revocation
Vehicle impoundment or immobilization
Mandatory participation in drug or alcohol treatment programs
What are the Long-Term Consequences of a Second DUI Conviction?
Long-term consequences of a DUI conviction extend beyond legal penalties - they can drastically impact your personal and professional life. A DUI conviction can limit employment prospects, as background checks revealing such convictions can lead potential employers to shy away from hiring you. A conviction can also disqualify you from certain jobs, such as those involving regular driving.
In addition, insurance companies typically increase rates for individuals with DUIs, posing an ongoing financial burden. A conviction can also hinder academic and professional progression, with many licensing boards and educational institutions viewing such a record unfavorably. Lastly, a DUI conviction invariably damages one's reputation, potentially straining personal relationships and community standing.
What are the Aggravating Factors in a Second DUI Offense?
Certain factors can make a second DUI offense more severe, leading to enhanced penalties:
High BAC Levels: A BAC of 0.15% or higher significantly increases fines and jail time.
Accidents or Injuries: DUI charges involving property damage, injuries, or fatalities carry harsher penalties and may result in felony charges.
Presence of Minors: Having a minor in the vehicle at the time of the offense results in additional penalties.
Refusing a Breath Test: Refusing a chemical test can result in a longer license suspension and may be used as evidence of guilt in court.
How Our Sarasota Attorneys Can Help You?
Navigating the legal system can be complex and overwhelming, especially when facing a second offense DUI charge. As a skilled, experienced criminal defense attorney, Eric Reisinger deeply understands Florida's DUI laws, and our firm is ready to leverage our collective knowledge and experience to help you through this process. We work tirelessly to protect our clients' rights and are prepared to do the same for you.
Some of the benefits of working with an experienced attorney like ours include the following:
Personalized representation
Comprehensive knowledge of Florida's DUI law and judicial procedures
Informed negotiation skills
Extensive trial experience
Support through administrative proceedings
Perhaps most importantly, hiring a seasoned second DUI defense attorney in Sarasota can provide peace of mind. Knowing that a professional is handling your case, you can focus on rebuilding your life, assured that someone is fighting to protect your best interests.
When facing a second DUI charge, acting quickly is crucial. Florida law requires you to request a formal review hearing within 10 days of your arrest to contest your driver’s license suspension. Failing to act within this timeframe may result in an automatic suspension, regardless of the outcome of your criminal case. A Sarasota second offense DUI attorney can guide you through this process and advocate on your behalf during the hearing.
How to Beat a Second DUI Offense in Florida?
A strong legal defense is essential to challenging a second DUI charge. A skilled Sarasota second offense DUI attorney can evaluate the unique circumstances of your case to identify the best course of action. Common defense strategies include:
Challenging the Traffic Stop: The officer must have had reasonable suspicion to stop your vehicle. If the stop was unlawful, any evidence obtained may be inadmissible.
Questioning Field Sobriety Tests: Field sobriety tests are subjective and prone to error. Medical conditions, environmental factors, or improper administration can lead to inaccurate results.
Disputing Breathalyzer or Blood Test Results: Breathalyzer machines must be properly calibrated and maintained. An experienced Sarasota second offense DUI lawyer can challenge faulty equipment or procedural errors in BAC testing.
Rising BAC Defense: Alcohol absorption rates vary, and your BAC may have risen after driving but before testing. This defense can be particularly relevant if there was a delay between being stopped and being tested.
No Actual Physical Control of the Vehicle: If you were not driving or operating the vehicle at the time of the alleged offense, this defense could lead to reduced or dismissed charges.
Necessity or Duress: In rare cases, individuals may drive under the influence to avoid a greater harm, such as fleeing an emergency or life-threatening situation.
There are Diversion Programs and Alternative Sentencing for a Second DUI Offense in Florida?
For individuals charged with a second DUI, alternative sentencing options may be available under certain circumstances. These can include:
DUI Court Programs: Specialized programs that focus on treatment, education, and rehabilitation in lieu of traditional penalties.
Probation Agreements: In some cases, jail time may be reduced or avoided in exchange for compliance with strict probation terms.
Alcohol Treatment Programs: Completing a treatment program may demonstrate accountability and lead to reduced penalties.
A Sarasota second offense DUI lawyer can negotiate with prosecutors to explore whether these options are available in your case.
Our Commitment to Our Clients
As a firm, our commitment is to support each client throughout all dimensions of their case. This includes initial assessment and review, developing and pursuing potential defense strategies, and steadfast representation in court. We stand ready to help you understand the charges brought against you, navigate the legal complexities presented by second offense DUI charges, and fight for your rights.
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
Not Guilty Verdict2016 CF 004875 NC – Life Felony Second Degree Murder
Not Guilty Verdict2017 CF 000169 – Life Felony Armed Robbery
Successful Resolution2017 CF 002479 AX – 15 Counts of Possession of Child Pornography
Not Guilty Verdict2017 MM 11498 – Misdemeanor Battery and Misdemeanor Sex Offense -Unnatural and Lascivious Act
Case Dismissed2018 CF 000323 – Two Counts Felony Battery on a Person 65 or Older
Case Dismissed2018 CF 002675 AX–Felony Battery on a Person 65 or Older
When you hire the Law Offices of Eric Reisinger, PA to defend you on a criminal charge, we will conduct a full investigation of the circumstances leading to your arrest. As a former prosecutor at the State Attorney’s Office, Attorney Reisinger has in-depth knowledge and understanding of how the state prepares and presents its cases.
