Legal Guide

News and Events:

2009-06-24
DUI Murder Of MLB Pitcher
Los Angeles pitcher Nick Adenhart and two others died in a drunken driving accident. The man charged with the deaths of these three people h ...

2009-06-24
Cyclist Killed in Suspect DUI Crash
A man from Cape Coral who was involved in an accident that resulted in the death of a bicyclist was arrested Monday.  He could barely stand ...

2009-06-24
Five injured after DUI Crash
An accused drunk driver was responsible for an accident on Highway 5 that resulted in five people being hospitalized Friday night. The su ...

Second Conviction

If charged with a second driving while intoxicated (DWI) offense within ten years of the first misdemeanor, the driver faces Class E felony penalties. The mandatory fine starts at $1,000 and can run up to $5,000. There is a minimum one-year license revocation, but an ignition interlock and alcohol assessment may also be required.

A driver convicted of a second DWI offense will go to jail for at least five days unless they receive a sentence for 30 days of community service in lieu of this mandatory term. The sentence could involve an incarceration period of up to four years.

A second conviction for aggravated DWI within five years of the first offense involves sentencing similar to that of a Class E felony. However, the driver's license is revoked for a longer period of time-at least 18 months.

Although class E felonies carry the lightest sentences of the five felony classes, the minimum jail time for this class is one year.

In short, a driver convicted of a second DWI offense within ten years of the first conviction is looking at:

  • Fine: $1,000 - $5,000
  • Jail sentence: Five days - four years (or 30 days community service)
  • LICENSE REVOCATION: 18 months or more