Have you been arrested for DUI a second time? Facing DUI charges is no laughing matter, especially if this is your second offense within the last five years. DUI sentencing and penalties are on a progressive system where offenders are subject to enhanced penalties which each second or subsequent DUI offense within a five year time period.
If you have been arrested for DUI, you should immediately contact a Fort Myers criminal attorney from Calvo & Calvo, Attorneys at Law. We have more than 40 years of combined experience!
Understanding Florida's DUI Laws
It is unlawful to operate a motor vehicle with a blood alcohol level (BAL) of 0.08% or greater across the nation. For commercial drivers the limit is set at 0.04%, and for drivers under the age of 21, the BAL limit is set at just 0.02% in Florida. The state of Florida has a "look back period" for repeat DUI offenses.
In Florida, the look back period for a DUI offense is five years. This means that if you were convicted for a DUI and if you are arrested and convicted for a second DUI offense within five years of the first offense, then you will face enhanced penalties.
What Penalties Should I Expect if Convicted?
The penalties for a 2nd DUI offense will vary depending upon the BAL level and any aggravating circumstances at the time of the arrest. Penalties are typically enhanced when property damage or serious bodily injury are caused as a result of the drunk driving. The following penalties are for a second DUI offense within five years without the presence of any aggravating factors.
- Fines ranging between $500 and $1000 (BAL from .08% to less than 0.15%)
- Fines ranging from $2,000 to $4,000 (BAC above 0.15%)
- Jail – up to 9 months (BAL from 0.08% to less than 0.15%)
- Jail – up to 12 months (BAL above 0.15%)
- Maximum $2,000 fine (BAL from .08% to 0.15%)
- Maximum $4,000 fine (BAL above 0.15%)
- License suspension for 5 years
- Hardship reinstatement – upon completion of DUI school
- Ignition interlock device from 1 to 2 years depending on BAL
Experienced Fort Myers DUI Lawyer on Your Side
The majority of 2nd DUI offenses are misdemeanors; however, if you caused an accident that resulted in property damage or bodily injury to somebody else, then your DUI charge can be prosecuted as a felony offense, which incurs far more serious penalties. If you have been arrested for DUI, it's absolutely critical to enlist the services of a Fort Myers DUI attorney from Calvo & Calvo, Attorneys at Law.
Selecting the right attorney today can make all the difference in your DUI case. As a former prosecutor, Attorney Jose Calvo understands how the prosecution thinks and acts, and as a highly experienced criminal trial lawyer, Attorney Katheryn Calvo has a deep insight into how DUI cases can be effectively challenged in court. To protect your liberty and your license, call us today to schedule your initial consultation!
Arrested for DUI in Fort Myers? If so, contact a Fort Myers DUI attorney from the firm at (800) 614-5138 to schedule your confidential case evaluation.
5-Star Reviews From Our Clients
"Jose made me feel confident from our first conversation and throughout the legal process that everything would be OK. He is a calming presence and walks the walk of what you will discuss and work on with him. Very highly recommended."Anonymous
"Mr. Calvo was very knowledgeable and professional. He directed me through a very complicated situation with ease and confidence. I would definitely recommend him to any of my friends."Ron K.
"Mr. Calvo was a huge help with a situation I got into while I was on vacation a couple years ago. He fought tooth and nail for me and made sure everything was ok, all while we were thousands of miles apart. I can't thank him enough!"Kerri