If you're facing a second DUI charge in Miami, the stakes are higher and the penalties more severe.
El-Naffy Law Knows Florida's DUI Laws
A second DUI within five years of the first offense is a second-degree misdemeanor with harsher penalties:
- Mandatory minimum 10 days in jail (up to 9 months; up to 12 months if BAC ≥ 0.15% or minor in vehicle)
- Fines $1,000-$2,000 (up to $4,000 with aggravating factors)
- License suspended for at least 5 years if within 5 years of first
- Probation up to 1 year
- Ignition interlock device
- Vehicle impoundment
Factors That Can Influence Your DUI Case
The Circumstances of Your Arrest
Errors in field sobriety tests or improper procedures could lead to reduced charges or dismissal.
Your BAC Level
Higher BAC means harsher penalties. Inaccurate measurements or faulty testing equipment may be a defense.
Time Between Offenses
If previous DUI was more than 5 years ago, this could work in your favor.
Presence of Aggravating Factors
Minor in vehicle, accidents, or BAC over 0.15% increase penalties.
Your Criminal Record
A clean record outside the prior DUI can lead to more favorable outcomes.
Negotiating a Plea Deal
Pleading guilty to a lesser charge like reckless driving may reduce penalties.
Alternative Sentencing Options
Probation, house arrest, or residential alcohol treatment programs.
Mitigating Factors
Voluntary substance abuse treatment, genuine remorse, commitment to change.
Defense Strategy
Challenging evidence, expert witnesses, cross-examining prosecution witnesses.
Contact El-Naffy Law P.A.
Call our office at 305-456-7576 or contact us online.
