Not every DUI case has the same range of punishment. How your case is resolved depends on whether this is your first offense, or whether you have faced a DUI charge in the past. Knowing the possible punishment for subsequent DUI cases may help by deterring you from engaging in activities likely to lead to a DUI charge, and will also help by preparing you for what to expect if you are pulled over for a second or even third time.

DUI in Florida is defined as driving a motor vehicle when your blood alcohol content is at 0.08% or higher. Typical forms of punishment include loss of your driver’s license, possible jail time, and the requirement that you pay a fine. If this is your first offense, many times you can resolve your case without going to jail, and you will probably even be granted a limited driver’s license. A first time offender may be placed on probation, and part of that probation might include the requirement that you install an interlock device in your car. But, if you are looking at a subsequent DUI, you can expect the following:

  • A second DUI is a misdemeanor and the fine is between $1,000.00 and $2,000.00. A second offense is also punishable by up to 9 months of incarceration and loss of your driver’s license for between 180 days and an entire year.
  •   A third DUI is a felony, and the fine is between $2,000.00 and $5,000.00. A third DUI is punishable by of at least 30 days in jail, and this time can be extended to up to one year. You will also lose your driver’s license for up to 10 years.


  • A fourth or higher DUI has a fine of at least $2,000.00, but will likely be much higher. You will lose your driver’s license permanently, and face going to jail for up to 5 years.


Many of the same defenses are available for subsequent DUI cases, like challenging the field sobriety test results or attacking the way in which you were initially pulled over.  Call a skilled DUI attorney for a review of your case and to learn which type of defense strategy is best for you.

For help with defending a first or subsequent DUI, call our office to speak with a qualified criminal defense attorney. We help people charged with all sorts of crimes in Stuart and the Treasure Coast. Call today to schedule an appointment.