Did you just get arrested for second DUI? If so, then you may be in a bit of trouble. Actual physical control means that a person has to be actually in the car or, for a boat, on the boat and be able to operate the boat, even if the individual is not actually operating the boat at the moment. The penalties for Second DUI offense. The crime of Second DUI offense is a Second Degree misdemeanor in Florida but normally carries more serious DUI penalties than a first DUI, which is a Class B Misdemeanor.
First, let us look at what happens when the officer pulls you over for a DUI check. When the officer arrives, he will ask you to step out of the car, walk toward him, and reach into the car. Once you do this, the officer will take a sample of your breath for alcohol, or blood for drugs, and then ask you questions to determine if you are driving under the influence of alcohol. Usually, all three tests come back “yes”, meaning that you are indeed under the influence of alcohol. However, the judge can decide differently, and the penalties for a second DUI can be much higher.
You can be given fines up to the amount of time you were suspended for by the judge for a second DUI. In many cases, you will be given more than one chance to get off, and if you do not show up the second time, you will get some serious jail time. And the judge can also give you a second chance after you show up for your next court date, until you actually pass one of the tests given to you for DUIs.
Probable cause is needed for a DUI charge, and it can be found on several different forms. If you are pulled over for suspicion of drunk driving, the officer has to have reasonable suspicion in order to pull you over. This means the officer must have reason to suspect you are driving under the influence by looking at your driving habits, looking through your license, checking your vehicle for blood, and several other things. If the officer has reasonable suspicion to pull you over for dui, he must have probable cause to do it, which means he must have enough information for him to believe you are committing a crime.
The next part of the process for a second DUI is the trip to court, and many times your defense attorney will try to reduce the charges to something far less severe, such as a misdemeanor. If you have a prior DUI or a Wet Speeding conviction within 10 years, you could be facing up to one year in jail. If you also have a prior criminal record, this will play a big part in how severe your punishment is. You could end up spending time in jail for up to three months or more.
A DUI conviction can have very serious consequences. Although it is true that most people who get arrested for a DUI have an alcohol problem, this is not a true enough reason to give up your freedom. Drinking and driving can result in serious injury or even death if you don’t know what you’re doing. If you are caught drinking and driving, do not drink and drive again! Contact a skilled and experienced criminal defense lawyer right away to learn more about the serious consequences of a DUI conviction.