There are two charges for a 2nd time DUI. They are a “2nd DUI” and a “2nd within 5.” If your second arrest for DUI occurs within 5 years of the first it is considered a “2nd within 5” and there are much harsher penalties.
If your second DUI conviction happens outside of a five year period the maximum jail sentence is nine months. If the blow is over a 0.15 it is one year. If it is a second within five, there is a minimum mandatory sentence of 10 days in the county jail. This is mandatory and there is no getting around it.
The minimum fine for a second DUI is $1000. If the blow was over a 0.15 the minimum fine is increased to $2000. If the offense is a second within five then the minimum fine is $2000 regardless of the blow.
An ignition interlock is required for a second DUI. If it is a second outside of five then the ignition interlock period is one year. If it is a second within five, or if you blew over a 0.15 then the ignition interlock will be ordered for at least two years.
For a second DUI outside of ten, your license is suspended for a minimum of six months. There is also a 30 day impoundment of your vehicle. If it is a second DUI within five years your license will be suspended for five years. Your vehicle will be impounded for a period of 90 days.
In addition you will be placed on 12 months of probation to complete Advanced Dui School through DUI Counterattack, Hillsborough, Inc. as well as any other conditions imposed by the court.
With all of the penalties and expenses associated with a 2nd DUI you cannot afford to be unprepared. Let the attorneys of Finebloom & Haenel represent and defend you. We have defended hundreds of DUI cases. We will investigate your case and present any and all defenses. Our attorneys are available 24/7. Call us now at 407-218-6277.
