Mario Gunde Peters and Kelley Legal Eagles 50 years
MARIO GUNDE PETERS & KELLEY

– Attorneys and Counselors at Law –

Multiple DUIs in Brevard County, FL

Multiple DUIs in Florida?

Driving under the influence of alcohol or drugs is a primary area of focus for the Florida Highway Patrol’s monitoring and enforcement efforts statewide. Florida DUI penalties increase for second, third, and subsequent DUI convictions. The more DUI convictions a person receives, the bigger the fines and the longer the prison sentences.

Protect Your License and Your Future.

If you are arrested for more than one DUI in Brevard County or anywhere in Florida, the consequences are severe, and the stakes get higher with every conviction. Florida law imposes steep fines, mandatory jail time, and long-term license suspension for repeat offenders. Without aggressive legal help, you can lose driving privileges for years, even face felony charges.

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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 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 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 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 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 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 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.

Retain the Services of Experienced Florida DUI Lawyers to Fight Multiple DUIs

Contact Mario Gunde Peters & Kelley at Legal Eagles to retain the services of an experienced Brevard County DUI attorney with a track record of success that attests to our abilities and capabilities in defending multiple DUIs throughout Florida.

Florida law applies two separate lookback timeframes when calculating penalties for repeat offenders:

  • 5-Year Lookback (2nd DUI): If you commit a second DUI within 5 years of a prior conviction, Florida Statute 316.193 mandates a 10-day jail sentence, a 30-day vehicle impoundment, and a minimum 5-year driver’s license revocation.

  • 10-Year Lookback (3rd DUI): If you commit a third DUI within 10 years of a prior conviction, the state upgrades the charge to a third-degree felony, which carries a mandatory 30-day jail sentence and a minimum 10-year driver’s license revocation.

Florida courts enforce mandatory Ignition Interlock Device (IID) installations for all repeat DUI convictions once driving privileges resume:

  • 2nd DUI Conviction: You must install an IID on all vehicles you lease or own for a minimum continuous period of 1 year (or 2 years if your BAC measured 0.15% or higher).

  • 3rd DUI Conviction: The court requires an IID installation for a minimum of 2 continuous years upon driver’s license reinstatement.

Yes. Florida participates in the Interstate Driver License Compact and national driver registries. Prosecutors access prior out-of-state driving records and routinely use prior out-of-state drunk driving convictions to enhance local charges. If an out-of-state offense shares substantially similar elements with Florida’s DUI statute, the court counts it as a prior conviction to escalate fines, jail time, and license revocation periods.

Under Florida Statute 316.1939, refusing to submit to a lawful breath, urine, or blood test when you have a prior refusal on record constitutes a first-degree misdemeanor. In addition to the criminal DUI charge, this second refusal triggers a separate criminal misdemeanor charge punishable by up to 1 year in jail, up to $1,000 in fines, and an administrative driver’s license suspension of 18 months with no hardship license eligibility during the suspension.

The Florida Department of Highway Safety and Motor Vehicles automatically designates you as a Habitual Traffic Offender (HTO) under Florida Statute 322.264 if you accumulate three qualifying major traffic convictions within a 5-year period. Because DUI counts as a qualifying major offense, receiving multiple DUI convictions, or combining a DUI conviction with driving while suspended or reckless driving, triggers an automatic 5-year driver’s license revocation with no option for a hardship permit during the first 12 months.