Repeat DUI offenders in Florida face some steep penalties. For your second DUI, penalties are determined based on any prior DUI-related convictions in any state. The District Attorney and judge involved with the case will order your driving record for FL, which reaches nationwide.
2 Common DUI Questions
Here are some two of the most common questions people facing DUI conviction #2 tend to ask:
Question #1: When you get a second DUI arrest in Florida, is it treated the same as the first DUI?
Answer: That depends on your overall Florida driving record.
Question #2: Is there any way I can get out of my second DUI conviction?
Answer: Not necessarily. If the judge finds you guilty, it pretty much sticks. But you can get your driver’s license reinstated again.
Penalties for Second DUI Offenders in Florida
In most cases, your out-of-state DUI is reported to the State of Florida when you get your state driver’s license, or the DA runs your record. Even if the conviction doesn’t show up in your state driving record, it will in your National Crime Information Center FBI rap sheet.
Florida’s penalties for the second offense are harsh, which include:
- Impounded vehicle
- Expensive fines
- Suspended license
- Installation of ignition interlock device (IDD) in your vehicle
- Must complete a 21-hour Florida DUI school course if the 2nd conviction was within five years of the first
Enhanced 2nd Offense Penalties for FL DUI
Drivers convicted a second time for a Florida DUI also face mandatory time in jail if the second conviction was within five years of receiving the first one.
The second offense is subject to even more enhanced penalties if the following conditions exist:
- A passenger in the vehicle was under 18 years old
- Blood alcohol concentration (BAC) was over .15%
- Someone was injured
- Property was damaged
NOTE: The most severe penalties are related to a second refusal to submit to DUI testing under Florida Statute § 316.1939.
What If My Prior DUI Doesn’t Show Up?
There are situations where your prior convictions for DUIs doesn’t show up in time for the judge and DA to see it before you’re sentenced. Either way, the Florida Highway Safety and Motor Vehicles (DHSMV) will still invalidate your license.
It will be suspended or revoked based on how many prior DUIs do show up in the driver’s record check.
Just keep in mind that every state has the right to report your DUI to Florida later, even years down the line. Therefore, if you decide to apply for hardship with the DHSMV, you will be asked to verify that no other DUI convictions exist.
If they do find that you have other convictions in any other state, they will do whatever it takes to get it added to your Florida driving record.
What to Do Next When You’re Hit with a 2nd DUI in Florida
As a repeat offender, the judge may order you to get treatment. You are also required to complete a DUI school course. Once complete, you can apply for a hardship with the state’s Administrative Reviews Office .
If you wait until the end of your license revocation period to try to get it reinstated, proof of treatment program and DUI school completion may be required. You must complete the Florida DUI course within 90 days after getting your license reinstated.
Your driver’s license will be canceled again if you don’t complete these requirements within the 90-day period. You will have to show proof from a reputable program and a Florida state-certified DUI course.
Subscribe to DUI Institute Updates
Have you been convicted of your second DUI within a 5-year time frame? Well, to get your driver’s license reinstated, you have to take a course at a Florida-certified DUI school. It’s mandatory.
This is a 21-hour course specifically designed for people trying to get their FL licenses back after getting convicted twice of a DUI.
The DUI Institute will soon launch an easy-to-maneuver DUI course for Florida drivers. Join our mailing list for blog updates and blasts about our soon-to-launch online DUI school for Florida offenders.
Follow Our Blog & DUI School Updates
Kiesha Joseph is a Content Marketing Geek and prison loved ones advocate. She spends her professional time researching and writing for clients to help them create valuable blog content. Ms. Joseph currently acts as content manager for the DUI Institute. When’s she’s not creating content, Kiesha enjoys swimming, dancing to Hip Hip and streaming live TV.