Regarding repeat offenders, DUI laws will crank up the consequences. The penalties get worse and worse with each prior DUI. Depending on where you live, you may or may not experience a harsher or more lenient punishment. However, every state will increase the penalties when you’re a repeat offender.

Whether you are facing your first DUI charge or have conviction on your record already, you need a trusted DUI defense attorney handling your case to minimize the penalties.

Examples of Penalties for Repeat Offenders

Let’s break down some examples for the state of Florida.

Second Offense Within 5 Years: Think at least 10 days in jail, fines that jump to $1,000-$2,000 (or even $2,000-$4,000 if your BAC was 0.15% or higher), losing your license for a minimum of 5 years, an ignition interlock device for at least a year, DUI school, and having your car impounded for 30 days.

Second Offense after 5 Years: Similar fines ($1,000-$2,000, or $2,000-$4,000 with a high BAC), but the possibility of up to 9 months in jail. You’ll also face a license suspension of at least 180 days and, again, the interlock device.

Third Offense Within 10 Years: Now we’re talking felony charges! At least 30 days in jail, fines from $2,000-$5,000, losing your license for at least 10 years, the ignition interlock for at least two years, and your car impounded for 90 days.

Third Offense Beyond 10 Years: It’s usually a misdemeanor (unless other factors make it worse), but you could still face up to a year in jail, fines between $2,000 and $5,000, at least a 180-day license suspension, and the ignition interlock for at least two years.

Fourth Time (or More!) Offense: This is always a felony, no matter when the other crimes happen. Possible prison time up to 5 years, a minimum $2,000 fine, your license is gone, likely for good (though you *might* be able to get it back after 5 years under hardship), and, naturally, the ignition interlock if you ever get a license again.

The law is designed to come down hard on people who keep driving drunk because they pose a public health risk. Avoiding a first conviction is critical, so always have a DUI lawyer handling your case.

Aggravating Circumstances

Then there’s the situation of having kids in the car while you’re driving drunk. If you’ve got a passenger under 18 years old in the car with you, you’ll suffer stiffer penalties:

First Offense with a Minor Present: Fines go up to $1,000-$2,000, the maximum jail term can be 9 months, you’ll likely get more community service, your license suspension will be longer, and you might have to take parenting classes. Plus, you could face separate child endangerment charges.

Repeat Offenses with a Minor Present: Depending on your record, this offense can be a first-degree misdemeanor or even a felony. Fines jump to $2,000-$5,000, jail time increases, your license is revoked for longer, and you may have to attend a parenting program.

The courts frown on endangering children like that—it’s seen as a huge breach of trust and care. Prosecutors generally push for the maximum penalties in these cases, so you need a DUI attorney fighting for a minimum sentence.

Serious Injuries and Property Damage

If your DUI causes damage or injury, things get serious fast. For instance, according to Florida law, below are some examples.

DUI with Property Damage: A first-degree misdemeanor, up to a year in jail, up to a $1,000 fine, you must pay for all the damages, your license suspension gets longer, and you can forget about getting a good plea deal.

DUI with Bodily Injury: Now it’s a third-degree felony. Up to 5 years in prison, up to a $5,000 fine, you have to pay for all medical bills and lost income, your license is revoked for at least 3 years, you could be sued on top of the criminal charges, and you’ll be doing a lot of community service.

DUI with Serious Bodily Injury: A second-degree felony, putting you at risk for up to 15 years in prison and a $10,000 fine. There are often minimum prison sentences that judges have to impose. Your license will be revoked for a very long time, possibly permanently. DUI manslaughter is a severe charge carrying substantial consequences in jail time and fines.

You’re looking at a second-degree felony at minimum, which means potentially up to 15 years behind bars. The mandatory minimum sentence is a stark 4 years, and that’s on top of a possible $10,000 fine. Your license? Permanently revoked.

If you fail to render aid after such an incident, the charge will be bumped to a first-degree felony, leading to 30 years in prison. These enhanced penalties appropriately reflect the devastation caused, not just the potential risk.

Refusing to Submit to Chemical Testing

The implied consent law means that refusing a chemical test has its own problems and worsens DUI penalties. You need a DUI lawyer if you refused a breath test, even if you are not charged with DUI.

Let’s look again at what happens if you refuse in Florida:

First refusal? A 12-month or one-year administrative license suspension (that’s double the 6 months you’d get for failing). Plus, there is no hardship license for the first 90 days – compare that to 30 days if you had just failed the test. Also, your refusal is admissible as evidence suggesting you knew you were guilty. An ignition interlock might become more likely as well.

A second or subsequent refusal amplifies the charge. We’re talking about an 18-month administrative suspension. And it’s not just that; refusing again becomes a first-degree misdemeanor itself, meaning up to a year in jail and a $1,000 fine just for saying no to the test. Forget about a hardship license during that suspension. Also, a mandatory ignition interlock must be installed upon reinstatement. Also, no plea bargaining is allowed.

Excessive Speeding and Reckless Driving

What about excessive speed or reckless driving coupled with a DUI? The penalties understandably jump even higher. Let’s review some more examples.

DUI with Speed 20-29 MPH Over the Limit? Expect higher fines, maxed out in that range. Longer license suspensions are likely, and you might be unable to participate in diversion programs. You must take advanced driver improvement courses and face enhanced probation supervision.

DUI with a Speed 30+ MPH Over the Limit? You’re likely headed to jail, even for a first offense. Maximum fines? Guaranteed. Expect an extended license suspension/revocation and a mandatory ignition interlock device. They’ll watch you like a hawk with monitoring and supervision. Plus, you could face an additional reckless driving charge.

DUI with Reckless Driving Behaviors (think weaving, wrong-way driving, excessive lane changes). Penalties notably increase when charges run consecutively, meaning you’ll be hit with both offenses. Expect extended probation with particular conditions. Driver remediation requirements will be heightened as well. And what are the chances of maxing out your jail time within the legal limits? Very high.

Courts see impaired driving combined with this kind of high-risk behavior as a complete disregard for everyone’s safety, justifying the harsher punishment.

Driving Impaired with a Suspended License

And let’s say your license is already suspended, and you decide to drive drunk anyway. Even a first offense can land you in jail for a minimum of 10 days, and your car might get impounded. Repeat offenders are almost guaranteed felony charges,  lengthy jail sentences, and may never be able to drive again. Forget about getting a hardship license.

Consult with a DUI Lawyer

If you’ve been charged with DUI, you must retain legal services immediately. Don’t try to defend yourself. A DUI defense attorney can protect your rights, and you’ll receive better results, even if you’re convicted and have to spend time in jail. Contact a DUI attorney about your case now.

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