Florida Police Arrest Tampa Woman For Second DUI in One-Month Period

The Florida Highway Patrol recently arrested a woman accused of driving in the wrong direction on I-275 after an early morning chase in Tampa, FL. According to the arrest report, the driver, a Tampa bartender, was chased down by a Florida Trooper driving north in the southbound lanes of I-275 in a Kia Sportage. The driver was charged with DUI with property damage and fleeing to elude after refusing to take a field sobriety or breathalyzer test, according to FHP. This was the second DUI she was charged with since September.

Police say it took two tries using Precision Immobilization Techniques (PIT) and three total crashes into the defendant’s Kia to stop her from driving further, FHP said. During the chase, the Trooper’s patrol car was also rear-ended.

The trooper said that once the defendant was in custody, he could smell alcohol on her breath. He said he also observed slurred and slowed speech. The driver refused to take a field sobriety test or a breath alcohol test. Her vehicle was searched once she was in custody and troopers found an oxycodone in her pocket.

Analyzing the charges 

What are the penalties for a second DUI in Florida? This depends on whether the second DUI occurred during a 5-year lookback period. If you have two DUIs within the 5-year lookback period, you can face enhanced penalties related to a second or subsequent DUI after conviction.

• Fines – The fine for a second DUI conviction is at least $1,000 and no more than $2,000. If the driver blew over a .15 then certain enhanced penalties apply. The fine would be between $2,000 and $4,000 under Florida Statute 316.193(2)(a)-(b).

• Community service – A second DUI conviction generally requires over 50 hours of community service or an additional fine of $10 for each hour of community service the defendant chooses to buy out. Courts generally allow only one-half of the hours to be bought out under Florida Statute 316.193(6)(a).

• Probation – A second DUI conviction requires a total period of probation and incarceration that may not exceed one year. When no jail time is required, the court will typically impose 12 months of DUI probation under Florida Statute 316.193(5)-(6).

• Jail time – A second DUI conviction has a maximum penalty of 9 months in jail. This is true unless the BAC of the defendant was over .15 at the time they were pulled over. In that case, the court can impose a jail term of up to 12 months. The defendant can also face a mandatory minimum of 10 days in jail during which at least 48 hours must be consecutive under Florida Statute 316.193(2)(a).

• Immobilization or impoundment of your vehicle – If you are convicted of a second DUI within the 5-year lookback period, you face mandatory impoundment of your vehicle for 30 days. Those 30 days cannot run concurrently with your incarceration. The rule can be found in Florida Statute 316.193(6).

Talk to an Orlando DUI Attorney Today 

If you’re facing DUI charges in Orlando, FL, call the experts who specialize in DUI cases, FL DUI Group. We can help you negotiate a plea or even defeat the charges. Call our Florida DUI defense lawyers today to learn more about how we can help.

Source:

fox13news.com/news/police-chase-down-leads-womans-second-dui-two-weeks-fhp