Multiple DUIs in Brevard County, FL

Consequences of First, Second, Third, or Subsequent DUI Conviction

First DUI Conviction

You will face significant penalties even for a first-time DUI offense:

• Probation: You receive a maximum of one year of probation. A minimum of six months applies.

• Fines: The court issues fines between $500 and $1,000. If your Blood Alcohol Concentration (BAC) measures $0.15$ or higher, or if a minor rode in your vehicle, the fine increases to a range of $1,000 to $2,000.

• Community Service: You must complete at least 50 hours of mandatory community service.

• Jail Time: You may serve up to 180 days in jail. If your BAC was $0.15$ or higher or a minor was present, jail time can reach up to nine months.

• License Suspension: Your driver’s license suspension lasts from 180 days to one year.

• Vehicle Impoundment: Your vehicle must be impounded or immobilized for 10 days.

Second DUI Conviction

Penalties increase significantly for a second conviction. This is  especially true if it occurs within five years of the first:

• Fines: Fines range from $1,000 to $2,000. The fine increases to $2,000 to $4,000 if your BAC measures $0.15$ or higher or if a minor was present.

• Jail Time: You may serve up to nine months in jail.

  • If you commit the second offense within five years of the first, you face a mandatory minimum jail sentence of 10 days.

  • If your BAC was $0.15$ or higher, or a minor was in the vehicle, jail time can reach up to 12 months.

• License Revocation: You receive a minimum five-year license revocation if you commit the second offense within five years of the first. You may be eligible for a hardship license after one year.

• Ignition Interlock Device (IID): You must install an IID on your vehicle for at least one year. This period extends to at least two years if your BAC was $0.15$ or higher.

• Vehicle Impoundment: Your vehicle must be impounded or immobilized for 30 days if the second offense occurs within five years of the first.

Third DUI Conviction

The consequences escalate further for a third DUI conviction:

• Felony Charge: A third DUI conviction becomes a third-degree felony if you commit the offense within 10 years of a prior conviction.

• Fines: Fines range from $2,000 to $5,000. If your BAC measures $0.15$ or higher or a minor was present, the fine must be at least $4,000.

• Jail Time: You may serve up to 12 months in jail.

  • If you commit the offense within 10 years of a prior conviction, you face a mandatory minimum jail sentence of 30 days and a possible prison sentence of up to five years.

• License Revocation: You face a minimum 10-year license revocation if you commit the offense within 10 years of a prior conviction. You may apply for a hardship license after two years.

• Vehicle Impoundment: Your vehicle must be impounded or immobilized for 90 days if the third offense occurs within 10 years of a prior conviction.

Understanding Multiple DUIs

When a person is charged with multiple DUIs coming from a single incident and wishes to make a plea bargain, it is critical to minimize the number of DUI charges a person is convicted of through the bargaining process. If all the charges stem from the same incident, DHSMV will regard each conviction individually when imposing driving license suspension periods.

For example, a defendant with no prior DUI convictions is arrested on one count of DUI and two charges of DUI with Property Damage. This is because they allegedly damaged a car and a street sign. If the defendant is found guilty of all three charges, DHSMV will revoke their license for TEN YEARS, rather than the six to twelve months required for a first DUI.

In this case, your Florida DUI lawyer must convince the State Attorney to dismiss two of the three charges in order to avoid treating this as a third offense.