A second DUI in Florida carries heavier penalties than a first, and timing drives the biggest changes. A second conviction within 5 years of a prior one brings a mandatory minimum of 10 days in jail and a license revocation of at least 5 years.
The 5 year window at the center of a second DUI
The first question in a second DUI case is the date of the earlier conviction. When the new conviction comes within 5 years of a prior conviction, Florida law adds a mandatory minimum jail term and a much longer revocation. The window is measured against the prior conviction, not the prior arrest.
If the earlier conviction is more than 5 years old, these particular 5 year rules do not apply in the same way. The earlier conviction remains part of the person's record, though, and it still matters to how the case is viewed and resolved.
How a second DUI compares with a first
For a first conviction, Florida sets a jail maximum of 6 months and a revocation of 180 days to 1 year. A second conviction within 5 years changes the floor rather than just the ceiling: at least 10 days in jail, and at least 5 years without a full license.
For many people, the revocation is the more disruptive of the two. Five years without full driving privileges reaches into work, family obligations and daily travel in ways a short jail term does not.
Interlock and insurance on a repeat offense
Repeat offenses are one of the situations in which an ignition interlock can be required, with the length depending on the circumstances. If the second offense also involved a reading of 0.15 or higher or a minor in the vehicle, those facts carry their own enhanced consequences.
As with any DUI conviction, Florida requires FR-44 proof of insurance afterward, with liability limits above standard coverage.
Two sets of questions in a second DUI review
A defense review of a second DUI looks at two things. The first is the current arrest: the stop, the officer's observations, the breath or blood testing, and the video. The second is the prior: whether the earlier conviction is accurately documented and whether its date really places the new case inside the 5 year window.
Because courts cannot withhold adjudication on a DUI, a plea in the current case produces a conviction, which then becomes a prior of its own and can push any future case into the third DUI rules. DUI Lawyers Shield Firm can review both the new charge and the prior record in a free case review.
Keep reading
- DUI Manslaughter in Florida: Charges, Sentences, and Defenses
- Third DUI in Florida: Why It Can Be Charged as a Felony
- Underage DUI in Florida: The 0.02 Zero Tolerance Rule
General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.
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