Second Offense DUI

Experienced Tampa Criminal Defense Lawyer Committed to Keeping You Behind the Wheel and Out of Jail

Facing DUI charges in Florida isn’t a great spot to be in. Florida has some of the harshest DUI sentencing laws in the country, especially for those convicted of a second offense DUI. However, just because you’ve been arrested for your second DUI doesn’t mean you’re guilty—and it certainly doesn’t mean you’ll be convicted. At the Mayberry Law Firm, we have nearly 20 years of hands-on experience fighting our clients’ DUI cases. Attorney Mayberry is a respected Tampa Bay DUI defense attorney who cares deeply about his clients and their cases.

Punishments for a Second Offense DUI in Tampa

Getting a second DUI in Florida is serious and can lead to severe consequences. If you’ve already had a DUI and are convicted again, you could face the following DUI penalties:

Incarceration

Upon a second-time DUI conviction, you’ll face a jail sentence ranging from 10 days to 9 months. However, if your blood alcohol level was .15 or higher, or if you had a minor in the vehicle, the maximum jail time increases to 12 months.

Fines

If you have a prior DUI and pick up a second, the fines will range from $1,000 to $2,000. But if your blood alcohol level was .15 or higher, or if you had a minor in the vehicle, the potential fines will increase to between $2,000 and $4,000.

License Suspension

For a second DUI conviction, your license will be suspended for at least five years if the second offense was within five years of your first DUI conviction. However, depending on your situation, you may be eligible for a hardship license after one year of suspension. Additionally, your vehicle will be impounded for 30 days.

Other Consequences

After a second offense DUI, you will also be on probation for up to 1 year and required to complete DUI school. A substance abuse evaluation and following any recommended treatment may be necessary as well. An ignition interlock device will need to be installed on your vehicle for at least two years. Finally, you will be required to complete at least 30 hours of community service.

Given what’s at stake in a second offense DUI case, it’s important to take your case seriously. If you’re facing a second DUI charge, the Mayberry Law Firm can help ensure your interests are protected and your rights defended.

Common Defenses in a Second Offense DUI Case

Facing a second DUI offense can be pretty overwhelming, but there are several common defenses that can reduce—or even eliminate—your exposure.

One common DUI defense is questioning the accuracy of the breathalyzer or blood test. These tests need to be properly calibrated and administered by trained personnel. If there were errors in the testing process or if the equipment was not maintained correctly, the results could be challenged.

Another defense is the legitimacy of the traffic stop. Law enforcement officers must have a valid reason to pull you over, such as observing erratic driving or another traffic violation. If your attorney can show that the stop was unlawful, any evidence gathered during the stop, including the DUI charge, could be suppressed.

Challenging the officer’s observations is another defense. Officers often rely on observations of your behavior, speech, and appearance to support a DUI charge. Attorney Mayberry can question the reliability of these observations, especially if there are plausible explanations for your behavior, such as fatigue or medical conditions.

The field sobriety tests conducted during the stop can also be challenged. These tests are subjective and can be influenced by various factors such as uneven road surfaces, poor lighting, or physical impairments that have nothing to do with alcohol consumption.

One of the more technical defenses involves the chain of custody of the evidence. It’s crucial that the blood or urine samples collected are properly handled and documented from the moment of collection to the time of testing. Any gaps or issues in this chain can cast doubt on the validity of the test results.

Serious DUI Charges Require a Serious Tampa DUI Lawyer

If you’ve been charged with a repeat DUI offense, reach out to the Mayberry Law Firm for immediate assistance. At the Mayberry Law Firm, we take pride in standing up for the rights of our clients, helping them move past their arrest and on with their lives. We understand that people make mistakes. We’re not here to judge; we’re here to fight. To learn more, and to schedule a free consultation with an experienced DUI lawyer, call Attorney Mayberry at 813-444-7435. You can also connect with us through our secure online contact form.