Broward County (Driving Under the Influence) – Second Offense DUI: What You Need to Know and How to Protect Your Rights

A second DUI offense in Broward County, Florida, carries significantly harsher penalties than a first offense. Florida law imposes mandatory jail time, longer license suspensions, increased fines, and strict probation conditions for repeat offenders. Understanding your rights and legal options is critical to minimizing the consequences of a second DUI charge.

Understanding Florida’s Second DUI Laws

Under Florida Statutes Section 316.193, a second DUI offense occurs if a person is arrested for driving under the influence within five years of a prior conviction. The penalties escalate based on blood alcohol concentration (BAC), prior offenses, aggravating factors (such as causing injury or property damage), and refusal to submit to testing.

Penalties for a Second DUI in Broward County

The penalties for a second DUI conviction in Florida can be severe. Below is a breakdown of common penalties:

Second DUI Penalty Overview
Penalty Category Details (Second DUI in Florida)

• License Suspension Minimum five years if the second offense occurs within five years of the first conviction. Limited hardship reinstatement may be available after one year.
  
• Jail Sentence Mandatory 10 days in jail (minimum) and up to nine months. If BAC is 0.15% or higher or a minor was in the vehicle, the jail sentence can extend up to one year.
  
• Probation Period Up to one year, with required monthly reporting.
  
• Fines $1,000 to $2,000 (or $2,000 to $4,000 if BAC is 0.15% or higher).
  
• DUI Education Program Level II DUI School – a 21-hour course focusing on substance abuse and repeat offender risks.
  
• Ignition Interlock Device (IID) Mandatory for at least one year (two years if BAC was 0.15% or higher).
  
• Community Service Minimum of 50 hours or pay an equivalent fine.
  
• Vehicle Impoundment Vehicle will be impounded for 30 days unless it is the sole transportation for a family member
  

Additional Consequences: A second DUI offense can also impact your insurance rates, employment opportunities, and professional licenses. Florida imposes severe financial penalties, including increased auto insurance premiums and the requirement for FR-44 insurance, which is significantly more expensive than standard policies.

How a Second DUI in Broward County Affects Your Car Insurance

A second DUI conviction dramatically increases your insurance rates. Florida law requires FR-44 insurance coverage for convicted DUI offenders, which is significantly more expensive and must be maintained for three years.

According to industry estimates:

• Second DUI offenders in Florida often see insurance rate increases of 80% to 100%.
• Some insurers may cancel coverage entirely, forcing drivers to find high-risk policies at much higher rates.

What to Do After a Second DUI Arrest in Broward County

The actions you take immediately after a second DUI arrest can greatly impact your case. Here are proactive steps you should take:

1. Contact a Broward County DUI Defense Attorney Immediately

Florida is strict on repeat DUI offenders, and prosecutors pursue these cases aggressively. A skilled DUI attorney can challenge the evidence, negotiate reduced penalties, or even fight for case dismissal.

2. Request a DMV Hearing Within 10 Days

Under Florida law, you only have 10 days from the date of your arrest to request a formal hearing with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) to contest your license suspension.

3. Enroll in a Voluntary Alcohol Treatment Program

Judges take voluntary alcohol treatment enrollment into account when determining sentencing. Completing a Level II DUI School program early can demonstrate responsibility and help mitigate penalties.

4. Prepare for Ignition Interlock Device (IID) Installation

Florida law mandates that repeat DUI offenders install an IID for at least one year. Understanding the costs and requirements ahead of time can help you comply with court orders and avoid further violations.

Potential Legal Defenses for a Second DUI Charge

An experienced DUI defense attorney can examine your case for possible defenses, such as:

• Improper Traffic Stop – If law enforcement lacked probable cause to stop your vehicle, the entire case may be dismissed.
• Faulty Breathalyzer Results – Breath tests must be properly calibrated and administered. Errors in testing procedures can result in BAC evidence being thrown out.
• Field Sobriety Test Errors – Officers must follow strict protocols when administering field sobriety tests. If these procedures were not properly followed, the results can be challenged.
• Violation of Miranda Rights – If law enforcement failed to read your Miranda rights, any self-incriminating statements may be inadmissible in court.

Get Experienced DUI Defense in Broward County

At Mayersohn Law Group, we understand the severe consequences of a second DUI conviction in Florida and are committed to providing an aggressive and strategic defense. Our legal team has extensive experience handling DUI cases in Broward County, and we will work tirelessly to protect your rights.

Why Choose Us?

✅ Experienced DUI Defense Attorneys – Decades of experience defending DUI cases in Fort Lauderdale and throughout Broward County.
✅ Aggressive Defense Strategies – We analyze every detail of your arrest to build the strongest defense possible.
✅ Personalized Case Approach – We understand that every DUI case is unique and tailor our defense to fit your specific situation.
✅ Results-Driven Representation – Our goal is to minimize penalties, protect your driving privileges, and seek case dismissals when possible.

Schedule a Consultation Today

A second DUI offense in Broward County is serious, but you do have options. Time is critical—contact Mayersohn Law Group today to start building your defense.

📞 Call Now: (954) 765-1900
📍 Office Location: 500 E Broward Blvd suite 1580, Fort Lauderdale, FL 33394

Don’t wait—protect your future and fight your DUI charge with an experienced Fort Lauderdale DUI defense attorney by your side.