Miami Multiple DUI Defense Lawyer

Attorney for People Facing Second, Third, or Subsequent DUI Charges in Miami, FL

Charges of driving under the influence (DUI) are always a serious matter, and even a first offense can result in multiple types of penalties. However, when a person is arrested for a second, third, or subsequent DUI offense, the consequences may become significantly more severe. Florida courts and prosecutors treat repeat DUI offenses as a threat to public safety, and harsher penalties may be imposed for those who are considered habitual offenders.

A repeat DUI charge in Miami can result in a longer period of license suspension, higher fines, mandatory jail time, and even a felony conviction in some cases. The legal system views these offenses as signs of dangerous behavior that has continued despite previous penalties. The consequences can permanently affect a person's life, career, and future opportunities.

Whether a previous offense occurred in Florida or another state, one or more prior DUI convictions can be used to enhance the penalties in a current case. Because of the ways these charges can affect a person, it is important for anyone facing a second or subsequent DUI charge to work with a criminal defense attorney who can fight to protect their rights.

At Stroleny Law: Criminal Defense Attorney, our knowledgeable Miami DUI defense lawyer can help you build a strong defense strategy. He can look at whether law enforcement officers followed the proper procedures and identify opportunities for reduced penalties or diversionary programs. Legal representation can be especially critical when you may face felony DUI charges, since a conviction could lead to long-term imprisonment and other serious consequences.

Why Repeat DUI Offenses Are Treated More Harshly

Under Florida law, the penalties for a DUI offense will increase with each subsequent conviction. The goal of this enhanced sentencing is to prevent people from repeatedly engaging in dangerous conduct and to protect public safety. Courts may assume that if a person has already been convicted of DUI and has continued to drive while intoxicated, the penalties they faced in the past were not sufficient to prevent them from engaging in dangerous behavior.

For prosecutors and judges, a second or third DUI offense can raise concerns about a person's ability or willingness to drive safely. Because of the potential safety risks, these cases often involve harsher sentences, fewer opportunities for leniency, and closer scrutiny by the court. Because of these issues, it is vital to work with an attorney to mount a strong defense early in the legal process.

Penalties for a Second DUI Conviction in Florida

The consequences for a second DUI will be significantly more severe than for a first offense. These penalties may include:

• Jail Time: A second DUI conviction could result in a sentence of up to nine months in jail. If a second DUI took place within five years of a previous DUI conviction, the mandatory minimum jail sentence is 10 days. If a person had a blood alcohol content (BAC) of 0.15% or higher, or if a minor was in the vehicle, the maximum jail time increases to 12 months.
• Fines: Fines will typically range from $1,000 to $2,000, but they could be as high as $4,000 if a person's BAC was 0.15% or higher or if a minor was present in the vehicle.
• License Revocation: The Florida Department of Highway Safety and Motor Vehicles (DHSMV) may impose a five-year license revocation for a second DUI offense within five years of a previous offense.
• Ignition Interlock Device (IID): An IID must be installed in a person's vehicle for at least one year after a second DUI conviction.

Felony Charges for Third or Subsequent DUI Offenses

A third DUI charge in Florida that takes place within 10 years of a prior conviction is treated as a third-degree felony, punishable by up to five years in prison with a mandatory minimum sentence of 30 days, fines of up to $5,000, a 10-year driver's license revocation, and the requirement to use an ignition interlock device for at least two years.

A fourth or subsequent DUI, regardless of when previous offenses occurred, will also be charged as a third-degree felony. Unlike misdemeanor DUI charges, felony convictions carry long-term consequences that can affect a person's civil rights, including the right to vote and possess firearms. A felony conviction may also prevent someone from obtaining certain professional licenses or passing background checks for employment or housing.

Legal Representation in Multiple DUI Cases

Facing a second or subsequent DUI charge can feel overwhelming, especially when jail time, a felony record, or a lengthy license suspension is at stake. Our lawyer can provide strategic legal representation to help clients challenge DUI charges, reduce their potential penalties, or avoid a conviction altogether. He can take several important steps, including:

• Challenging the Legality of the Traffic Stop: If a police officer did not have reasonable suspicion or probable cause to stop a person's vehicle, any evidence collected afterward may be inadmissible in a DUI case.
• Questioning Field Sobriety Tests: The tests that police officers may ask a driver to perform during a traffic stop can be subjective, and the results may have been affected by fatigue, medical conditions, or environmental factors.
• Reviewing Breath or Blood Test Procedures: Errors in testing equipment calibration or the administration of tests may have caused the results to be unreliable.
• Identifying Constitutional Violations: If a person's rights were violated during a traffic stop or an arrest for DUI, such as being denied access to an attorney or not being read their Miranda rights, our attorney can take steps to challenge the charges.
• Negotiating for Reduced Charges or Alternative Sentencing: In some cases, the prosecution may be open to reducing the charges against a person to an offense other than DUI, or they may allow a person to enter a treatment or diversion program to avoid a conviction and incarceration.

Contact Our Miami, Florida Repeat DUI Defense Attorney

When facing a second, third, or additional DUI charge, you are likely to face severe penalties, including felony charges and long-term consequences that can affect every area of your life. At Stroleny Law: Criminal Defense Attorney, we understand how much is at stake, and we are prepared to take immediate action to defend you. Contact our Miami multiple DUI lawyer at 305-615-1285 to schedule a free consultation.