Second DUI in Bradenton

A second DUI in Manatee County is a misdemeanor, but the date of your first conviction changes almost everything. If the new offense is within 5 years of the earlier conviction, the law requires at least 10 days in jail, a 30-day vehicle impoundment and a license revocation of at least 5 years. Outside 5 years, there is no mandatory jail term, though the fines and the ignition interlock requirement are still higher than for a first offense.

Daniel D. Nawara is a former Assistant State Attorney in the Twelfth Judicial Circuit, which includes Manatee County, and has handled hundreds of DUI cases. Call or text (941) 920-5514, 24/7, or request a free consultation.

Second DUI penalties under section 316.193

Within 5 years of a prior conviction:

Jail: at least 10 days, up to 9 months. At least 48 hours must be served consecutively.
Fine: $1,000 to $2,000.
License revocation: at least 5 years.
Vehicle impoundment: 30 days.
Ignition interlock: at least 1 year.

More than 5 years after a prior conviction:

Jail: no minimum, up to 9 months.
Fine: $1,000 to $2,000.
License revocation: 180 days to 1 year.
Vehicle impoundment: no mandatory period in the statute.
Ignition interlock: at least 1 year.

If the breath or blood level was 0.15 or higher, or a minor was in the vehicle, the fine is $2,000 to $4,000, the maximum jail term is 12 months and the interlock period is at least 2 years. These are statutory ranges, not predictions.

How the 5 years is counted

The period runs from the date of the earlier conviction to the date of the new offense. The State must prove the prior conviction with proper records, including that it belongs to you. A conviction from another state generally counts, and so does a prior boating under the influence conviction. A prior DUI charge that was reduced to reckless driving is not a DUI conviction.

Your license after a second arrest

Administrative suspension. With a prior DUI, a result of 0.08 or higher brings a 1-year administrative suspension. A second refusal brings 18 months and is a first-degree misdemeanor.
The 10-day deadline still applies. You can request a formal or informal review of the suspension within 10 days of the notice. The immediate business-purposes license offered to first-time drivers is generally not available with a prior.
Hardship license. On a 5-year revocation, you may apply for a hardship license after 1 year, with conditions.

See the 10-day rule, formal review hearing and hardship license guides.

What a defense examines in a second DUI

The prior conviction. Its date, the court record and whether it can lawfully be used to enhance the new charge.
The stop and arrest. Whether the officer had a lawful basis at each step.
The breath or blood result. The 20-minute observation period, the instrument's maintenance records and the operator's permit. See breath test defense.
A refusal. Whether the implied-consent warning was read correctly and whether the refusal was actually a refusal.
Driving or actual physical control. Especially in parked-car and crash cases.

Because the mandatory penalties depend on the charge and the prior, a second DUI is a case where the details of the evidence decide the options. Whether a reduction, a dismissal or a trial makes sense depends on that evidence. See DUI vs. reckless driving.

Frequently asked questions

Is a second DUI a felony in Florida?

No. A second DUI is a misdemeanor unless it involves serious bodily injury or a death. A third DUI within 10 years is a felony. See Bradenton felony DUI.

Will I go to jail for a second DUI in Manatee County?

If the offense is within 5 years of a prior conviction, a conviction requires at least 10 days. Outside 5 years there is no required jail term, though jail is possible.

How long will I lose my license?

At least 5 years if the second conviction is within 5 years of the first, with a hardship application possible after 1 year. Otherwise 180 days to 1 year.

My first DUI was in another state. Does it count?

Generally yes, if the State proves it with proper records.

My first DUI was reduced to reckless driving. Is this a second DUI?

No. A reckless driving conviction is not a prior DUI conviction, though a prosecutor will see it in your record.

Where is my case heard?

At the Manatee County Judicial Center, 1051 Manatee Avenue West, Bradenton.

Speak with a DUI lawyer serving Bradenton

Call or text (941) 920-5514, available 24/7, or request a free consultation. Bring your citation, notice of suspension, bond paperwork and anything you have from the earlier case. The fee is flat, includes the administrative license hearing, and payment plans are available. See also second DUI in Florida and Bradenton DUI lawyer.

Reviewed by Daniel D. Nawara, Florida Bar No. 123626. Updated October 2026. General information only, not legal advice. No outcome is guaranteed. Contacting the firm does not by itself create an attorney-client relationship.

Sources: Fla. Stat. § 316.193, § 316.1939, § 322.2615, § 322.271, § 322.28; Ch. 2025-121; Manatee County Judicial Center.