Last updated November 2025
Getting arrested for a second or third DUI in Fort Lauderdale can feel like your options are gone — but Florida law still offers defenses and opportunities to protect your license and freedom. The difference lies in having a DUI attorney who knows how Broward’s prosecutors approach repeat cases — and how to counter them effectively.
🚨 Florida’s Repeat DUI Penalties
Under Florida Statute §316.193, penalties increase sharply with each conviction:
Second DUI (within 5 years): Mandatory 10 days in jail, 5-year license revocation, ignition interlock, and fines up to $2,000.
Third DUI (within 10 years): Felony charge, up to 5 years in prison, and permanent license revocation risk.
Fourth DUI or more: Felony offense with lifetime revocation.
Even so, repeat DUIs are often defensible through motion practice and evidentiary challenges. Learn how these cases start in Fort Lauderdale’s Top DUI Lawyer.
🧠 How Repeat DUIs Are Prosecuted in Broward
Broward’s DUI Unit treats repeat cases as top-tier prosecutions. Prosecutors rely on prior judgments, officer credibility, and chemical test results — often assuming guilt.
A seasoned Broward DUI lawyer knows where those assumptions fall apart:
Prior conviction errors: Out-of-county or incomplete record entries.
Unlawful stop or detention: Violating the Fourth Amendment.
Intoxilyzer 8000 calibration issues: Common grounds for evidence suppression.
No lawful actual control: You weren’t operating the vehicle at the time of contact.
Read how procedural flaws turn the tide in DUI Attorney Pembroke Pines FL: How Local Defense Wins in Broward.
⚖️ Sentencing & Alternative Options
Even if conviction seems likely, Broward judges often consider alternatives like:
Rehabilitation-based sentencing instead of incarceration.
SCRAM or ignition interlock in lieu of extended jail.
Early reinstatement through hardship licensing.
The State may agree to reduce to reckless driving if mitigation evidence — such as treatment completion or low BAC — is compelling.
🔗 Connected Legal Issues
Repeat DUIs can affect probation status, insurance eligibility, and employment licensing. Explore related rights restoration in Fort Lauderdale Record Sealing & Expungement and see how pretrial strategy compares to other felony DUIs in South Florida DUI Lawyer: County-by-County Strategy.
For statewide DUI procedures, visit the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) for current license suspension rules.
❓ Repeat DUI Defense FAQs in Fort Lauderdale
1. Is a second DUI in Florida a felony?
Not always — it’s a misdemeanor unless within 5 years of a prior conviction.
2. How can a DUI lawyer help repeat offenders?
By challenging prior records, chemical test reliability, and unlawful traffic stops.
3. Can I still drive after a second DUI arrest?
You may qualify for a hardship license if you act within 10 days.
4. Will I have to go to jail for a second DUI?
Not necessarily. Judges may allow alternative sentencing through rehab or monitoring.
5. Can I expunge or seal a repeat DUI?
No — DUI convictions cannot be sealed or expunged, but dismissed charges can.
💬 Contact the Best DUI Attorney in Fort Lauderdale Today
If you’re facing a repeat DUI in Broward County, the State has experience — but so do we.
Contact Michael White, P.A. for a free consultation with a former prosecutor who knows how to beat Broward’s DUI playbook.