If you are charged with committing a DUI offense the second time, you should try to know and understand the consequences. You should know exactly what to expect under the circumstances, from the court of law. Try to identify ways you could improve the situation and your plight. According to Forbes, drunk driving offenses and charges are always quite serious. However, a second-time DUI offense may lead to more serious consequences and much harsher penalties when compared to the first offense. Several states have stringent and mandatory minimum jail sentences for DUI repeat offenders. Hence, it is crucial to understand the potential consequences and know your legal rights.
Second-time DUI offense cases get mandatory jail time. Even though you should not face the death penalty, you can expect to serve 180 days of jail time for your first offense and around 365 days imprisonment the second time.
Points To Be Considered to Prove Second Time DUI Offense in Court
For proving a second time DUI offense in a court of law, the prosecutor needs to prove with relevant and admissible evidence the points given below:
- You were driving a car or some other motorized vehicle.
- You were involved in drunk driving. It implies that you were driving a motorized vehicle ‘under the influence of drugs or alcohol or any other combination of intoxicants.
- You were more than .08 percent while driving.
- It has been proved beyond doubt that you have a previous record of a DUI offense within 10 years.
When arrested for DUI for the second time, your defense attorneys and prosecutors can opt for a plea bargain so that you are charged with a relatively lower non-driving offense. Moreover, they may opt for striking the previous conviction allegation. Different states have different sets of laws for DUI offenses, whether first time or second time. The jail time will be determined on the facts of the DUI case. The jail time may go up in the following cases:
- You were speeding even when under the influence of drugs or alcohol.
- You were at .16 percent, double the legal limit specified by the law.
- You were involved in a motor accident.
- There were minors or children in your car.
The prosecutors have the freedom to add an extra 30 days of jail time when any of the above mentioned factors are considered.
Second Time DUI Offense Charges: Suggested Strategy
It is best to hire an expert Second Offense DUI attorney so that he can meticulously examine and review your case. He would try to identify factual issues or legal defenses, lack of adequate proof, or missing elements of your offense so that your second DUI offense charges may be reduced or even dismissed. You may speak to the judge for obtaining a specific court order or avoiding the prosecutor’s offer. The judge has the power to modify the maximum sentencing or even the associated mandatory minimum terms for your second DUI offense.
It is always terrifying to be arrested for a second time DUI offense. DUI offenses may lead to serious consequences. However, the stakes seem to be much higher in case you have been charged with a DUI offense the second time. It is best to avoid speaking to the police in the absence of your lawyer. Moreover, do not consider accepting a deal without consulting your specialized second offense DUI attorney.