Second DUI Lawyer In Broward County
A second DUI arrest can feel like the system has already made up its mind about you. It has not. Florida does punish repeat offenses more severely, but the state still has to prove every element of the new charge, and the timing of your prior conviction can change the penalties you face. At Michael A. Gottlieb, P.A., a two-attorney team reviews every case, bringing more than 35 years of combined Florida criminal defense experience to drivers across Fort Lauderdale, Hollywood, Pembroke Pines, Pompano Beach, Coral Springs and Miramar who are facing DUI charges.
Florida Penalties For A 2nd DUI
Section 316.193, Florida Statutes, raises the stakes on a second conviction in several ways. Fines run between $1,000 and $2,000, and a judge can impose as much as nine months behind bars. Those numbers climb to between $2,000 and $4,000 and a full year if your test showed 0.15 or more, or a child under 18 rode with you. You will also need an ignition interlock device for at least one year, or two years under the enhanced penalties.
The five-year lookback matters most. If fewer than five years separate your prior conviction date and the new offense, the court must impose a minimum 10-day jail sentence, with 48 hours served back to back. You also face a license revocation lasting no less than five years, though you may qualify to seek a business-purpose hardship license after one year. The court generally must impound or immobilize every vehicle you own for 30 days. A second offense that falls outside that five-year window avoids these mandatory minimums, which is why we check the dates on your prior record closely.
Can A Second DUI Charge Be Dismissed Or Reduced In Florida?
Yes, in some cases. Repeat charges rest on the same evidence as any DUI, and that evidence often has weaknesses. We examine whether the officer had a lawful reason to stop you, how the field sobriety exercises were administered and whether the breath test machine was properly maintained. If the stop or arrest violated your rights, we can ask the court to suppress the evidence that followed.
A reduction to reckless driving is also possible when the evidence is weak, although Florida law bars a plea to a lesser offense when the test result was 0.15 or higher. We also verify that your prior conviction qualifies as a true prior for sentencing purposes.
Why A Two-Attorney Defense Team Gives You An Advantage
Two lawyers look at your case from two angles before the state decides how to proceed. Attorney Clark Alan Strandell spent years as a Broward County public defender and tried more than 50 jury trials before joining the firm, so he understands how prosecutors build repeat-offense cases. Attorney Michael A. Gottlieb is AV Preeminent peer-review rated* through Martindale-Hubbell, holds a perfect 10 Avvo rating and once served on a Florida Legislature Judiciary Committee. We act early instead of waiting for the prosecutor to set the pace, which gives us more room to challenge the evidence before trial.
Protect Your License And Freedom After A Second DUI Arrest
You have only 10 days after an arrest to request a formal review hearing to challenge the administrative suspension of your license. Call us at 954-355-7286 now for a free consultation with our criminal defense team or contact us online to start building your defense.
*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.