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Florida Second Offense DUI Law

A second offense DUI in Florida comes with a combination of criminal penalties enforced by the court and administrative penalties against your driver’s license handed down by the Highway Safety and Motor Vehicles Department.

Criminal Penalties

A second offense is classified as a Misdemeanor offense most of the time. It can be elevated to a Felony offense if you caused property damage or injury to another person. If the second occurred outside of the 5 year “look back” period the jail term can be as high as 9 months, or as high as 1 year if a minor was in the vehicle or your BAC was .20 or higher. There is a mandatory minimum 10 day jail sentence if the second occurred within the 5 year “look back” period. The fine amount will range between $1,000 and $4,000 depending upon your BAC level and whether or not a minor was in the vehicle. If the second offense occurred within the 5 year “look back” period and the court grants you probation, they will also impound your vehicle for 30 days at your expense. Attendance in a state approved DUI school program is required.

Administrative Penalties

A second offense refusal to submit to a chemical test will result in a 18 month suspension of your driver’s license. An ignition interlock will be required upon reinstatement for at least 1 year for all second offenders who had a BAC above .15% or had a minor in the vehicle at the time. Your license will be revoked for 5 years following a second offense that occurs within the 5 year “look back” period. You may be eligible for a hardship license after serving 1 year of the revocation period. If the offense occurred beyond the 5 year “look back” period you license will be revoked for 1 year. The court may grant you a hardship license during suspension period. An SR-22 form filing will be required for a period of 3 years beyond license reinstatement period. You can apply for your SR-22 filing below:

sr22 insurance quote

Additional Florida DUI Resources

  • Florida DUI Laws – Here you will find a comprehensive and detailed explanation of Florida’s DUI laws including all offense levels and penalties.
  • Florida First Offense DUI – First offense information including penalties, fines, potential jail time, license suspension, DUI classes, and more.
  • Florida Third Offense DUI – Third offense information including penalties, fines, potential jail time, license suspension, DUI classes, and more.
  • Florida Fourth or Subsequent Offense DUI – Fourth offense information including penalties, fines, potential jail time, license suspension, DUI classes, and more.
  • Florida SR22 Insurance Filing – We have compiled everything you need to know about Florida’s SR22 insurance and filing requirements including important addresses, phone numbers, etc.
  • Florida Alcohol Classes – We offer a complete listing of state approved DUI & alcohol abuse classes.
  • Florida Bail Bondsmen – Comprehensive list of Florida bail bond agents including address, phone, website, etc.
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