If your are currently facing a second DUI charge, this will put you in a very serious predicament. Having a prior DUI conviction on your record, will categorize you as a “repeat offender,“ in which the court can and will impose even more severe penalties and fines than your first offense was. This is especially true if the 2nd DUI offense has occurred within 5 years of the first offense. As the prosecution is concerned, you broke the law at least once and continue to risk the lives of those around you while driving. You are presumed to be danger on the road, which police officers and prosecutors will do everything possible to ensure you are facing the most severe penalties. Simply put, a 2nd DUI offense is critically important that you know your legal strategies based on your own arrest circumstances which could find flaws in the case against you. It is essential you get answers as soon as possible by having your arrest details evaluated, which we provide you free online. This can be the first major step in aggressively defending your case for a potential dismissal or reduction of your charges.
- Why What You Do Next For A Second DUI Is So Important
- What Happens For A Second DUI Offense Within 10 Years?
- 2nd DUI Defense Strategies
A person facing a repeat DUI/DWI offense needs to realize, a second DUI conviction will lead to extremely harsh and expensive penalties. You ultimately risk permanently losing your driver’s license. Fines can be as on average, as high as $5,000. Jail time and/or probation can be imposed for up to 5 years. If you are extremely fortunate enough to be in the small minority that can be granted a temporary hardship license, you will be required to use the Ignition Interlock Device for at least one year, maybe longer. This device installation and it’s required maintenance will also be at your expense.
The chances of additional charges are increased with a second DUI case, such as aggravated assault, assault with a deadly weapon. Of course this all depends on the details and events of your particular arrest, which is why it is so essential to have your arrest evaluated online today by our professional team, that will get you the quick answers and help you need and deserve. It is also important to note that in a 2nd DUI case that may result in a felony, the DUI penalties are that much more severe which gives you even more reason to learn how to fight a second DUI.
The law requires you have rights to fair treatment, even in a second-time DUI/DWI case. Even though a prior conviction maybe on your record, you still have the right to defend yourself and learn how to beat a second DUI or DWI. By taking advantage of our free online arrest evaluation, we will thoroughly review the details of your case and get you the answers and help you are entitled to that will assist in fighting the charges against you. Our skilled team can help those facing second-time or multiple DUI charges with information and guidance that strive for the best positive results possible in their case, once we can evaluate your arrest details which you can submit to us with ease, online today.
Why What You Do Next For a Second DUI or DWI Offense Arrest Charge, is so Important to Your Future
Whatever events occurred that led to the police to pull your car over and arrest you for a second DUI or DWI offense charge, a skilled and local DUI attorney from where you will be going to court, will need to explore the entire circumstances of what happened. This is a crucial first step in order to prepare for how to fight to beat these 2nd DUI charges that you are currently facing. A second offense for driving under the influence is a far more serious matter altogether, because a driver may lose their license for several years, and most often there is mandatory jail time as well when a person is convicted for a multiple DUI/DWI offense charge. There is also the serious matter of how much more a DUI will cost for a second offense, if convicted. How soon a person takes action after a repeat DUI arrest, and has their arrest details examined to get help from a qualified DUI lawyer is critical for the best chances of winning in court. When a person is suspected of 2nd offense DUI charges, because of very strict new DUI laws that have recently been passed, the prosecutors and judges will give absolutely no leeway for a repeat DUI offender. This is why the facts of your particular case are so important, for how a knowledgeable attorney can help present these facts in court.
Fighting a 2nd DUI or DWI arrest charge is not something that is any easier the second time around. In fact, if you are fighting second offense DUI charges for a recent arrest, the outcome of your case and future will be dependent on the expertise of a DUI defense attorney that you can trust. After your second DUI arrest details can be carefully reviewed online through us by a skilled an local DUI attorney, they can apply their knowledge and experience to the challenge this most recent DUI arrest. This is most often done by examining common scenarios that resulted in 1st or 2nd DUI/DWI arrest situations such as:
- What was the initial reason for the traffic stop: Did the police officer have probable cause to pull you over in the first place?
- Analyzing the blood alcohol tests and any other sobriety tests: blood, breath, urine and field sobriety tests such as walking a straight line, etc. A skilled DUI lawyer reviewing your information know if these tests were administered lawfully, and be able to find any potential reasons to fight the validity of the DUI test results.
When proper DUI help is sought in enough time by a careful and thorough review of your second DUI or DWI arrest details, it can allow a local DUI lawyer a window of opportunity to find any possible weak areas in the prosecution’s case, and plan an aggressive defense on your behalf to fight to get the charges dismissed successfully.
What Happens Under the Law for a Second DUI Offense Within 10 Years?
A conviction or pleading guilty under what the second offense law for DUI and DWI is in 2017, will have significant personal and financial consequences on a person’s life for years to come. With how the strict new repeat offender laws and penalties work today in every state, a driver being charged with a second DUI offense within 5 to 10 years or refusing to take the DUI tests will result in an automatic license suspension length of time of at least 1 year or longer on average. Upon a 2nd offender conviction in less than a decade, a person can also expect to serve mandatory jail time as well, with an average length sentence of 90 days to 6 months. In just about every conviction or guilty plea for a repeat driving under the influence offense within a 10 year time period, a driver will be required to have an Ignition Interlock device installed for 2 years along with paying all of it’s costs and rental fees. Many people facing this situation often ask “can you avoid jail time after a second DUI?” Even for a repeat offender, with the proper legal help obtained in enough time – it is still possible for a person to serve no jail time. However when a second DUI is a felony offense and not a misdemeanor such as when a convicted DUI driver causes an accident resulting in serious harm to another person or expensive property damage, the penalty for jail can increase up to 10 years in prison. In extreme cases when alcohol, illegal drugs, Marijuana, or prescription medication causes a 2nd DUI and results in the death of another person, the consequences under the law now can be as high as 20 years to life in prison. In the majority of repeat offender cases, the most common arrest scenarios of how a second offense DUI & DWI charges happen within 5 to 10 years after a first-time conviction are:
- Drunk or Drugged Driving – This type of common 2nd offense DUI charge happens when a police officer has a reason to believe that a driver’s ability to operate their motor vehicle was affected by the person being under the influence of alcohol, drugs, weed/pot, or even prescribed legal medicine. The officer’s assumption is typically because of their observations of a driver such as erratic driving, slurring words or speech, not being able to walk in a straight line or keep balance feet, red or bloodshot eyes, etc.
- Failing a Breath or Blood Test – It is likely the most frequent of examples, when a driver is charged for a repeat DUI or DWI offense when the person takes a Breathalyzer or blood test and fails by having a blood alcohol content level reading higher than the .08 BAC legal limit which is the alcohol law in every state. Therefore when an already convicted driver is charged for a second-time DUI, it can sometimes even be considered a felony offense depending on what the arrest circumstance are that took place.
- Test Refusal or Not Providing a Breath or Blood sample – A DUI test refusal is not uncommon when a driver gets charged with a second-time offense. This charge will happen to a person soon after being pulled over at the roadside by a police officer, or later on at the police station after the arrest took place. The police will issue a test refusal offense when a driver either has completely refused to take either the blood or Breathalyzer test, or does not blow hard enough to register a proper test sample on the breath testing machine.
Just because a driver may have been convicted once before with a prior DUI or DWI offense charge on their criminal record within this 5 to 10 year range for a repeat offender, it does not mean there is not any strong defense for ways how to fight to get the second offense charges dropped, reduced, or dismissed entirely. A person can challenge DUI arrests through many different legal methods under the law based upon their own specific arrest circumstances which will most commonly include: getting DUI breath or blood test results excluded as evidence when the arresting police officer violates a driver’s protected constitutional rights, fighting the technical & maintenance issues of how the Breathalyzer and blood testing procedure was administered, and also possibly challenging the reasons why police asked a driver to take a chemical breath, blood, or urine test in the first place. In order to establish the best course of action of what to do for a 2nd offense and a driver’s own unique situation of what happened in how they were charged with a DUI for a second time, it is always best that a person have a local repeat offense DUI lawyer review the details online with us for the best steps in how to proceed next for the case. Every driver who gets charged with a DUI or DWI regardless of whether it is for a second offense or not, has the right to speak to an attorney after an arrest for legal advice what to do. If the arresting police officers do not allow a driver to speak to an attorney following an arrest or being detained at a traffic stop, a skilled lawyer with us can determine after reviewing the arrest details if a driver’s rights were violated to potentially get a case dismissed. Our local 2nd DUI offense lawyers are available 24/7 online to provide free help with answers to any questions a person charged as a repeat offender may have in how to fight and win a case, as well as discuss what the chances are to avoid the serious consequences of a conviction or pleading guilty to a second driving under the influence offense within 10 years or less.
2nd DUI Defense Strategies
At no time do you need professional legal assistance more than when facing second-time DUI charges. Biased and prejudged treatment of someone having a prior DUI conviction is a reality, and should not be taken lightly. No matter if this is your 2nd DUI arrest, or how many DUI/DWI convictions you may have in your past, you are still entitled to legal protection to vigorously defend your rights and seek results that are most favorable. We are here as your online guidance to help get you started in the right direction before you begin spending any money on defense of your case.
In every state throughout the country, time is a critical factor in fighting to beat and win a second DUI offense charge case. By knowing what to do for a 2nd DUI and what actions to take next, we are here to help you get started in the right direction fighting to beat second DUI/DWI charges, and find all possible ways based on your arrest details of what to do for ways how to fight to beat a second DUI in Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.