Being charged with a DUI is a difficult situation no matter what the circumstances may be. Even a first time offender will have to deal with very strict penalties. For those who are repeat offenders, dealing with their second charge, the possible punishments will be much harsher from the outset, particularly when it is within five years of committing the first offense. Although the state of Florida will attempt to make sure you are penalized for this second transgression, you do still have some option with regard to fighting the second driving under the influence charge.
These options must be considered and discussed with the help of someone who fully understands the laws and legal process within the Florida court system. A capable Florida DUI defense lawyer will have the knowledge and legal understanding available to them to put you in a favorable position with regard to your second DUI charge.
A second DUI offense is not taken lightly in the state of Florida, and in turn, you should retain legal counsel that will not take your personal situation lightly either. If you have been charged with an alleged second DUI in DeFuniak Springs or the surrounding areas, it is imperative that you are proactive in keeping this charge from adding a major undue burden to your life.
The criminal defense lawyers at Adkinson Law Firm, LLC have over 30 years of combined experience helping those charged with crimes in the Florida panhandle, including the counties of Okaloosa, Washington, Walton, Holmes, Santa Rosa, and Escambia. They do not settle for the easiest outcome and instead fight for your best interests.
DUI, in general, is defined in the Fla. Stat. § 316.193, and states that a person will be guilty of driving under the influence if:
As for the penalties, there are many variables that need to be taken into account in order to determine the punishment for a second DUI. Most commonly, a second DUI conviction will come with one or more of the following penalties according to Florida Statute 316.193:
There are certain circumstances that will bring increased sentencing as well. You will potentially be sentenced up to 12 months in prison if BAC was above .15 or there was a minor of 15 years or younger in the vehicle. Additionally, if the second offense comes within 5 years of the first, there will be a mandatory imprisonment of at least 10 days.
If you or a loved one currently has a pending second DUI charge in the Florida Panhandle, particularly in the cities of Crestview, Fort Walton Beach, Destin, Valparaiso, Cinco Bayou, Chipley, Vernon, DeFuniak Springs, Westville, Milton, Pensacola, or Century, take the steps necessary to fight this life changing charge by hiring a qualified and capable DeFuniak Springs criminal defense attorney to defend you.
The criminal defense lawyers at Adkinson Law Firm, LLC have the legal knowledge and experience to give proper representation to individuals in Florida that are dealing with alleged drunk driving offenses. Call to schedule a free consultation today.