Second DUI


If you were arrested and charged with a Second DUI in
Orlando Orange County Osceola Kissimmee Lake Mary Sanford Seminole County,
you need to KNOW the following:


You will not be eligible to receive a Florida Hardship Drivers License via waiver. You will need to apply for a Formal Administrative Review Hearing within 10 days of the date of issuance of citation. See (Hyperlink to Formal Review Hearing Process) You should Consult with our experienced DUI attorney in order to make the decision which is best for your particular case.
Oftentimes a Second DUI can be beaten or reduced, based on a number of different factors. You should consult with Heiko Moenckmeier for your particular case.
The penalties for a Second DUI are very harsh. They are broken down as to whether the 1st conviction was ‘within five years’ or ‘outside of five years.’ Second DUI within 5 years carries a mandatory minimum 10 days in jail, with a maximum up to a year, depending on the blow. Your license may also be revoked for 5 years. (There is an administrative suspension and the suspension from the Judge which are separate)

It is important to fight a Second DUI with every possible defense your lawyer can muster.
All the Constitutional Defenses are still available to try and get the evidence thrown out.

Was there a refusal, and if so, did you refuse prior to your first DUI charge?
If there was, then the State may also charge you with Refusal with a previous refusal
– a first degree misdemeanor punishable by up to a year in jail as well.

  • – An Adjudication of Guilt (means you can never seal or expunge your criminal record)
  • – minimum mandatory 10 days in jail plus up to 270 days in the county jail
  • – 12 months of supervised probation (random drug tests and paying the probation office(cost of supervision between $30 and $60.00 per month))
  • – Thirty day vehicle impound (you must turn in the tag or pay a service)
  • – Level 2 DUI class (more expensive and longer than for first time offenders)
  • – Victims Awareness Class
  • – 50 hours community service
  • – FIVE YEAR drivers license revocation by the Judge (different from the administrative DUI suspension by the Department of Motor Vehicles
  • – Random urinalysis
  • – substance abuse evaluation and recommended treatment
  • – twelve months Ignition Interlock Device
  • – Minimum fine of $1000.00 and maximum fine of $2000.00
  • – Court Costs, Cost of Investigation and Cost of Prosecution.

  • – An Adjudication of Guilt (means you can never seal or expunge your criminal record)
  • – minimum mandatory 10 days in jail plus up to 365 days in the county jail
  • – 12 months of supervised probation (random drug tests and paying the probation office(cost of supervision between $30 and $60.00 per month))
  • – Thirty day vehicle impound (you must turn in the tag or pay a service)
  • – Level 2 DUI class (more expensive and longer than for first time offenders)
  • – Victims Awareness Class
  • – 50 hours community service
  • – FIVE YEAR drivers license revocation by the Judge (different from the administrative DUI suspension by the Department of Motor Vehicles
  • – Random urinalysis
  • – substance abuse evaluation and recommended treatment
  • – twenty-four months Ignition Interlock Device
  • – Minimum fine of $1000.00 and maximum fine of $2000.00
  • – Court Costs, Cost of Investigation and Cost of Prosecution.
  • – Minimum fine of $1000.00 and maximum fine of $2000.00
  • – Court Costs, Cost of Investigation and Cost of Prosecution.

  • – An Adjudication of Guilt (means you can never seal or expunge your criminal record)
  • – up to 270 days in the county jail
  • – 12 months of supervised probation (random drug tests and paying the probation office(cost of supervision between $30 and $60.00 per month)
  • – Ten day vehicle impound (you must turn in the tag or pay a service)
  • – Level 2 DUI class (more expensive and longer than for first time offenders)
  • – six month to one year drivers license revocation by the Judge (different from the administrative DUI suspension by the Department of Motor Vehicles
  • – Random urinalysis
  • – substance abuse evaluation and recommended treatment
  • – twelve months Ignition Interlock Device (blow into it to start car)
  • – Minimum fine of $1000.00 and maximum fine of $2000.00
  • – Court Costs, Cost of Investigation and Cost of Prosecution.

  • – An Adjudication of Guilt (means you can never seal or expunge your criminal record)
  • – up to 365 days in the county jail
  • – 12 months of supervised probation (random drug tests and paying the probation office(cost of supervision between $30 and $60.00 per month)
  • – Ten day vehicle impound (you must turn in the tag or pay a service)
  • – Level 2 DUI class (more expensive and longer than for first time offenders)
  • – six month to one year drivers license revocation by the Judge (different from the administrative DUI suspension by the Department of Motor Vehicles
  • – Random urinalysis
  • – substance abuse evaluation and recommended treatment
  • – twenty-four months Ignition Interlock Device (blow into it to start car)
  • – Minimum fine of $2000.00 and maximum fine of $4000.00
  • – Court Costs, Cost of Investigation and Cost of Prosecution.