Second DUI in Florida – What You Need to Know

Second DUI Charges: Why Timing Matters

If you've been arrested for a second DUI in Florida, the consequences you face depend heavily on when your first conviction occurred. Florida law draws a sharp distinction between a second DUI within 5 years of the first and a second DUI outside of 5 years.

Second DUI Within 5 Years

If your second DUI occurs within five years of the date of your first DUI conviction, it is considered a mandatory enhanced penalty case under Florida Statutes. Penalties include:

• Minimum 10 days in jail (with up to 9 months – 12 months possible depending on the breath alcohol level)
• 5-year driver license revocation
• Mandatory ignition interlock device for at least one year or if breath alcohol level is above .15 2 years.
• Higher fines (between $1,000 and $2,000). If there was a minor in the vehicle or the breath alcohol level is above .15      than the fine becomes between $2,000 and $4,000
• Mandatory DUI School Level II, substance abuse evaluation, and possible treatment
• Mandatory vehicle impoundment for 30 days
• Court costs
• Possible community service

💡 The 5-year driver license suspension period is counted from the date of conviction, not the date of the arrest.

Second DUI Outside 5 Years

A second DUI outside of five years from your first conviction carries lighter penalties. While still serious, this scenario is often treated more like a first DUI with prior history:

• No mandatory jail time, though the judge can impose up to 9 months
• Fines of $1,000 to $2,000
• Ignition interlock for at least one year
• 180 days license suspension
• Required DUI School and treatment evaluation
• Court costs
• Possible community service 

What If My First DUI Was Reduced to Reckless Driving?

Many clients ask: Does a prior reckless driving count as a DUI for second-time charges?

Here’s the key: If your first case was reduced to reckless driving, it does not count as a prior DUI conviction for purposes of enhancing a second DUI offense. However, it will still appear on your driving record, and the prosecutor may use it in plea negotiations or sentencing to argue for stricter penalties.

More importantly, the Florida DHSMV (Department of Highway Safety and Motor Vehicles) will still consider the prior DUI arrest (blow or refusal) unless it was challenged at a hearing.

Protect Your Future – Speak With an Experienced DUI Attorney

A second DUI conviction has serious legal and financial consequences — but with the right legal strategy, there are options. Whether your first DUI was over five years ago or pled down to reckless, understanding your rights is critical.

📞 Call us today for a free consultation.