Multiple DUI arrests are a serious matter in Clearwater. A Multiple DUI arrest is when you have previously been arrested for a DUI and have now been arrested for DUI again. ALL DUIs COUNT WHEN DETERMINING A MULTIPLE DUI ARREST. This means if you have been arrested in another state for DUI and it shows up here in Florida, that out of state conviction might be able to be used against you. It also means that if your previous arrest was 5, 10 or even 20 years ago, the State of Florida will try to charge you as a multiple DUI offender. Multiple DUI arrests can lead to enhanced penalties and mandatory jail time.
2nd DUI Arrest
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 are no exceptions.
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 as well as any other conditions imposed by the court. Most often this includes counseling and community service work.
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. Our experienced attorneys have been representing clients in the Clearwater area for many years. This experience places us in the best position to investigate your case and present any and all defenses on your behalf. We are available 24/7 for consultation. Call us now 727-222-3610
3rd DUI arrest
A third time DUI can be very serious. Depending on the amount of time that has elapsed from your last arrest, it can be charged as a felony.
If your last DUI arrest and conviction was more than ten years before the current charge, it is a first degree misdemeanor. This is known as a “3rd outside of 10.” If it was less than ten years, then it is a felony. This is known as a “3rd within 10.”
If your third DUI conviction happens outside of a ten year period, or a 3rd outside of 10, the maximum jail sentence is one year regardless of the blow.
If your third DUI conviction was less than ten years ago then it is a 3rd within 10 and it is a felony punishable by up to five years in a Florida prison. There is a minimum mandatory jail sentence of 30 days. This means even if you do not go to prison, you will have to serve at least one month in the county jail.
The minimum fine for a third DUI is $2000. If the blow was over a 0.15 the minimum fine is increased to $4000.
The minimum ignition interlock requirement for a third DUI is two years.
For a 3rd outside of ten, your license is suspended for a minimum of one year. If it is a 3rd DUI within 10 years your license will be suspended for ten years!
If your 3rd DUI is charged as a misdemeanor, you will be placed on 12 months of probation to complete Advanced DUI School as well as any other conditions imposed by the court. Most often this includes counseling and community service work.
If your 3rd DUI is charged as a felony you will also be placed on probation to complete Advanced DUI School and the additional conditions imposed by the court. But if it is a felony, then you can be placed on up to five years of probation. While on felony probation you cannot leave the State or even the county without permission! You will have to report in person once a month to a probation officer and pay all costs of supervision. In addition, a felony conviction can cause loss of civil liberties. This means you lose the right to vote and the right to have a firearm. Being labeled a convicted felon can also cause job loss and loss of security clearance for housing.
A third DUI is a serious matter. It is costly, and if you are convicted of a felony you can lose some of your civil rights. These include the right to vote or carry a firearm. Do not leave your case to chance. The attorneys that make up our defense team have litigated all aspects of a DUI case. We have represented hundreds of clients from arrest to trial. Our staff is accessible and we keep you informed throughout the process. Call the experienced attorneys of Finebloom & Haenel at 941-404-5073 and let us fight your case today.
4th (or more) DUI arrest
If you have been convicted 4 or more times of DUI, it is a 3rd degree felony punishable by up to 5 years in the Florida Department of Corrections.If you are convicted, you will be placed on felony probation in addition to any jail imposed. There is a minimum mandatory fine of $2000. Your license will be permanently revoked.
Felony probation means that you can’t leave your county of residence, or the State of Florida without written permission of your probation officer. A conviction also labels you as a convicted felon. This means you lose certain civil rights such as the right to vote or own a gun. A felony conviction can also cause you to lose the security clearance that allows you to keep your job, and it can cause you to be evicted form some housing communities.
A felony DUI arrest is a very serious matter. The attorneys of Finebloom & Haenel have over 30 years of DUI defense experience. We can protect you through all stages of your case. The attorneys in our firm do not try the occasional DUI case. Our attorneys have extensive trial experience and have litigated all aspects of a DUI arrest. Do not give up your rights! Call us now at 727-222-3610. We have an attorney available 24/7 for consultation. Let us explain to you how we can protect your rights and fight your DUI case.