A second or subsequent DUI arrest in Florida carries serious consequences that go far beyond those of a first-time offense. Prosecutors are less likely to offer lenient deals, and the courts take a much stricter approach.
At Drew Fritsch Law Firm, we understand how high the stakes can be after a repeat DUI charge. Whether you’re facing a second, third, or fourth offense, it’s critical to have a defense attorney who knows how to challenge the evidence and protect your future. Contact us today to get started with a DUI defense attorney.
How Florida Treats Repeat DUI Offenses
Florida law imposes progressively harsher penalties with each subsequent DUI conviction. The timing of your previous offense matters—a second DUI within five years, for example, triggers mandatory minimum penalties that would not apply outside that window.
Second DUI Conviction (Within 5 Years)
- Mandatory jail time: 10 days minimum, up to 9 months (or 12 months if BAC was 0.15% or a minor was present)
- Driver’s license revocation: 5 years
- Fines: $1,000 to $2,000
- Vehicle impoundment: 30 days
- Mandatory ignition interlock device: 1 year minimum
- DUI school and substance abuse treatment
If more than five years have passed since the prior offense, the penalties may be less severe, but the court still has the discretion to impose jail time and other sanctions.
Third DUI Conviction (Within 10 Years)
A third DUI within ten years of a prior conviction is a third-degree felony in Florida.
- Mandatory jail time: 30 days minimum, up to 5 years
- Driver’s license revocation: 10 years
- Fines: Up to $5,000
- Ignition interlock device: 2 years minimum
A third DUI outside the 10-year window is treated as a misdemeanor but still carries serious penalties and the risk of long-term consequences.
Fourth or Subsequent DUI
A fourth DUI—regardless of when prior offenses occurred—is a felony. Penalties include:
- Up to 5 years in prison
- Permanent revocation of your driver’s license
- Significant fines and probation
- Felony record with lasting personal and professional consequences
Local Enforcement and Sentencing in Punta Gorda
Courts often take a firm stance on repeat DUI offenses. Prosecutors may be reluctant to offer plea deals, especially when aggravating factors are present, such as a high BAC, a crash with injuries, or a history of prior alcohol-related offenses.
Having a defense attorney familiar with the local court system can be critical in navigating these cases effectively. Understanding how local judges view sentencing, what diversion or treatment options are available, and how to present mitigating circumstances can significantly impact the outcome.
Defense Strategies for Repeat DUI Charges
While the penalties are more severe for multiple DUI offenses, that does not mean a conviction is inevitable. At Drew Fritsch Law Firm, we examine every aspect of the case to determine whether the charges can be reduced or dismissed.
Typical areas of investigation include:
- The legality of the traffic stop
- Procedures followed during field sobriety and chemical tests
- Whether prior convictions were lawfully obtained
- Violations of your constitutional rights
In some cases, challenging the validity of a prior DUI conviction may prevent it from being used to enhance your current charges. In others, we can negotiate for reduced penalties or entry into treatment-based alternatives.
Long-Term Consequences of Repeat DUI Convictions
Beyond fines, jail time, and license suspensions, multiple DUI convictions can carry significant long-term consequences:
- Employment issues, especially in fields requiring driving or background checks
- Loss of professional licenses
- Higher insurance premiums or denial of coverage
- Permanent criminal record, including felony status in some cases
A proactive and strategic legal defense is critical to limiting these impacts.
Talk to a Charlotte County DUI Defense Attorney Today
If you are facing a second, third, or fourth DUI charge, you don’t have time to wait. The legal consequences are severe, and the decisions you make now could affect your future for years to come. Whether your case is in Charlotte County, Punta Gorda, or the surrounding areas, we are prepared to step in and provide the strong, informed defense you need. Contact Drew Fritsch Law Firm today to schedule a consultation with an experienced DUI defense attorney.
Based in Punta Gorda, Fritsch Law Firm also provides criminal defense services throughout Charlotte, Lee, Collier, and Sarasota Counties.