A second DUI arrest in Florida carries far more serious consequences than a first offense — including mandatory jail time, longer license suspensions, and ignition interlock requirements. If the prior conviction occurred within five years, the penalties can be especially severe.
At Roussos Law Group, we understand that one mistake shouldn’t define your future. Our attorneys provide knowledgeable, strategic representation to help minimize penalties, protect your license, and defend your rights at every stage of the process.
Under Florida Statute §316.193(2)(a)-(b), a second DUI is charged when a driver has a prior DUI conviction on record. The nature of the penalties depends on how recently the first DUI occurred and the level of impairment involved.
If your prior DUI occurred within five years, the law imposes enhanced, mandatory penalties including minimum jail time, longer license revocation, and mandatory ignition interlock.
Typical second-offense DUI penalties may include:
Because the second offense can trigger repeat-offender status, immediate legal guidance is essential to protect your driving privileges and future options.
In addition to criminal court penalties, a second DUI conviction brings administrative consequences through the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).
Possible penalties include:
If your prior DUI occurred more than five years ago, some of these penalties may be reduced — but the conviction will still count as a second offense under Florida law.
This summary is provided for general educational purposes and may not reflect recent statutory changes. Always consult an attorney about your specific situation.
At Roussos Law Group, we examine every stage of your case for procedural errors, faulty evidence, or constitutional violations. Our team leverages prosecutorial insight to challenge how field sobriety exercises, breath tests, and arrests were conducted. Our attorneys also represent clients during administrative suspension hearings, helping you pursue hardship license eligibility or contest suspension periods.
If you’ve been charged with a second DUI, act quickly to protect your rights and driving privileges:
Time is critical — particularly if your prior DUI occurred within five years. Missing the 10-day administrative hearing window could result in an automatic suspension.
Yes, if the prior DUI occurred within five years. The law requires at least 10 days in jail, with two consecutive days served.
Possibly, but you must serve a minimum one-year suspension before applying if the offenses are within five years of each other.
Yes. A second DUI conviction requires an ignition interlock for at least one year — two years if your BAC was 0.15% or higher.
Sometimes. If evidence is weak or procedural errors exist, the prosecution may agree to a reduction, but it depends entirely on the case facts.
DUI convictions remain permanently on your record in Florida and cannot be expunged or sealed.
Our experienced attorneys are ready to guide you through every step with confidence.
Founder
Director of Criminal Defense & Equity Partner
Equity Partner
Complete the form below to connect with a Roussos Law Group attorney for your free, confidential consultation.
Yes, if the prior DUI occurred within five years. The law requires at least 10 days in jail, with two consecutive days served.
Possibly, but you must serve a minimum one-year suspension before applying if the offenses are within five years of each other.
Yes. A second DUI conviction requires an ignition interlock for at least one year — two years if your BAC was 0.15% or higher.
Sometimes. If evidence is weak or procedural errors exist, the prosecution may agree to a reduction, but it depends entirely on the case facts.
DUI convictions remain permanently on your record in Florida and cannot be expunged or sealed.
