If a driver is currently facing a second offense DUI charge within 10 years, a new law requires strict punishment which will put them in a very serious predicament. Having a prior misdemeanor DUI or DWI conviction on a record will categorize a person as a “repeat offender,“ in which the court can and will impose even more severe penalties and fines than the first offense was.
This is especially true for the consequences that will happen under the new law if another drunk or drugged driving offense has occurred within 5 years of the first offense, since this latest violation could be upgraded to a felony. For this reason, all defense options must be explored to successfully challenge and beat a blood draw or breath test by police immediately following another arrest. The timing to act is crucial, regardless if it is due to a failed BAC test result, or refusal to blow into a Breathalyzer.
The right tactic to throw out a 2nd time charge in court is certainly possible, despite any hypothetical scenario the police may have told you in regards what to expect will happen next. However, the legal timing to avoid both the monetary and license punishment at the suspension hearing from becoming reality, is everything with any case’s chances of success for dismissing it.
A DUI for alcohol, Marijuana, or drug charge is not something anyone expects to have happen, much less getting arrested for a second-time offense. Since the law in 2019 for every court jurisdiction is frequently updated to become more severe, the cost of a lawyer and conviction for a repeat offender is also subject to change.
23 U.S. Code § 164 outlines what the minimum penalties are regarding repeat offenders for driving while intoxicated or driving under the influence offenses. This law results in a driver having to spend more money on fees and consequences which many people can no longer afford to pay, and will drastically affect their life negatively for years to come afterwards.
We can help avoid this outcome when action taken from an arrest review can be taken in time to prevent the penalties from ever taking effect. Using proper objections and motions under the legal code is how to fight a a second DUI or DWI offense and get charges dropped or a case dismissed.
- Why What You Do Next For A Second DUI Is So Important
- What Happens For A Second DUI Offense Within 10 Years?
- Strategies For A 2nd DUI Charge Defense
As far as the arresting police officer and prosecution is concerned, a driver broke the law at least once and they will do everything possible to ensure that person is facing the most severe penalties under the new repeat offender laws. Simply put, when fighting a 2nd driving under the influence offense, it is critically important that a driver knows what legal strategies are available based on their own arrest circumstances which could find flaws with the test results evidence or other parts in the case. This is how charges can quickly get dropped at your court date, when arrest mistakes and other errors can be found in enough time to utilize the information for your defense.
It is essential that a person gets answers as soon as possible for what happens when you get arrested for a second DUI within 10 years by having the arrest details evaluated. This review we provide free online, is the first major step in aggressively defending the case for a potential dismissal or reduction of second-time driving under the influence charges by knowing exactly what to do next for the best defense. Since each person’s own case is unique in arrest circumstances, we can also answer specific questions about “how much does it cost and what are the penalties to expect if convicted of the offense?” Additionally, we can advise you how to talk to an employer after getting a DUI so a person can have the best chance to save their job by knowing what to (and not to) say.
What a person facing a repeat DUI or DWI offense needs to realize, is that a second-time conviction of the charges will lead to extremely harsh and expensive penalties under the new driving under the influence laws now in every state. People in this situation ultimately risk permanently losing a driver’s license, given the high costs of a conviction involved that many drivers are unable to afford to pay. Fines can be on average, as high as $5,000. Jail time and/or probation can be imposed for up to 5 years.
In most states such as Tennessee for example, for second offender there is a $600-$3,500 mandatory fine, and a license revocation for 2 years/Restricted License available after first year. If two (2) convictions of DUI in 5 years, a judge can order a person to install the Ignition Interlock Device, which will be required for 6 months after reinstatement at your expense. (Source: tn.gov)
In every state if a driver is extremely fortunate enough to be in the small minority that can be granted a temporary restricted hardship license, a person 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 a person’s own expense.
The chances of additional charges are increased with a second offender case, such as aggravated assault, assault with a deadly weapon. Of course this all depends on the details and events of a driver’s own particular arrest, which is why it is so essential to have the arrest reviewed online today by our professional team, that will get you the quick answers and help a person in this ordeal needs and deserves. It is also important to note that in a 2nd offense charge that may result in a felony, the drinking or drugged driving penalties are that much more severe which gives even more reason to learn how to fight a second or repeat offender intoxicated driver case.
The law requires that every person has the right to fair treatment, even when they choose to challenge a second-time DUI/DWI arrest case. Even though a prior conviction maybe on someone’s record, a driver still has the right to defend themselves against the charges and learn how to beat a repeat offense. By taking advantage of our free online arrest review, we will thoroughly assess the details of the arrest and get a person the answers and help they are entitled to that will assist in fighting the allegation for a dismissed case or reduced charges in court whenever possible.
Our skilled team can help those facing second offense or multiple driving under the influence charges with information and guidance that strive for the best positive results possible in their case, once we can review and assess what exactly happened, online today. This step is essential in increasing the chances of avoiding the second DUI consequences and jail time to help prevent getting convicted of the offense in court.
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 a car over and arrest the driver for a second DUI or DWI offense charge, a skilled and local defense attorney nearest from you from where you’ll be going to court at, will need to explore the entire circumstances of what happened. This is a crucial first step in order to prepare for how to challenge and beat these 2nd-time offender charges that a person is currently facing.
Another accusation for driving under the influence is a far more serious matter altogether. This is 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 or repeat-offender charge.
There is also the serious matter of how much more this will cost, if convicted. How soon a person takes action after a repeat drunk or drugged driving allegation, and has their info examined to get help from a qualified lawyer, is critical for the best chances of winning in court.
When a person is suspected of this crime again, due to the very strict new laws that have recently been passed, the prosecutors and judges will give absolutely no leeway for a repeat offender. This is why the facts of a driver’s own particular case are so important, for how a knowledgeable attorney can help present these facts in court.
Fighting a 2nd-time charge for a drinking and driving related offense is not something that is any easier the second time around. In fact, if a driver is defending charges for another arrest, the outcome of the case and that person’s future will be dependent on the expertise of a criminal defense attorney that can be trusted with handling a repeat offender case in court.
After what happened can be carefully reviewed online through us by a qualified local drunk driving lawyer near you, they can apply their knowledge and experience to the challenge this most recent charge. This is most often done by examining common scenarios that resulted in 1st or more arrest situations such as:
- What was the initial reason for the traffic stop: Did the police officer have probable cause to pull someone 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 knowledgeable defense lawyer reviewing the information will know if these tests were administered lawfully, and be able to find any potential reasons to fight the validity of the blood alcohol content test results.
When proper legal help is sought in enough time by a careful and thorough review of second-time DUI or DWI arrest information, it can allow a local legal counsel a window of opportunity to find any possible weak areas in the prosecution’s case. From that point, next they will be able to plan an aggressive defense on a driver’s behalf to fight to get the charges dismissed successfully. This is precisely how a 2nd offense driving under the influence case is beat effectively.
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 2019, will have significant personal and financial consequences on a person’s life for years to come after the case ends. With how the strict new repeat offender laws and penalties work today in every state, a driver being charged as a 2nd-time offender within 5 to 10 years or refusing to take the breath or blood test will result in an automatic license suspension length of time of at least 1 year or longer on average.
What happens when you get another driving under the influence offense 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 second drunk or drugged driving charge 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 the charge for this recent one is a felony offense and not a misdemeanor such as when an already convicted 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 another offense to take place and has resulted 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 charges happen within 5 to 10 years after a first-time conviction are:
- Drunk or Drugged Driving – This type of common 2nd offender 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 another incident, 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 test refusal is not uncommon when a driver gets charged for a second-time around. 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 similar offense 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 these new arrest 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.
This will most commonly include: getting the breath or blood test results excluded as evidence when the arresting police officer violates a driver’s protected constitutional rights. More ways include 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.
A driver needs to establish the best course of action of what to do for a 2nd offense. This can only happen with a driver’s own unique situation of what took place in how they were charged with a driving under the influence for a second time. It is always best that a person have a local repeat offender 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 nearest their location after an arrest for legal advice what to do. If the arresting police officers do not allow a driver to speak to legal counsel following an arrest or being detained at a traffic stop, a skilled local-based lawyer with us can determine after reviewing the arrest details if a driver’s rights were violated to potentially get a case dismissed.
Our specialist expert 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 to beat a DUI or DWI case. They will also be able to discuss what the chances are to avoid the serious consequences of a conviction or pleading guilty to a second drunk or drugged driving offense within 10 years or less.
Strategies for a 2nd DUI Charge Defense
At no time does a driver need professional legal assistance more than when facing these type of serious criminal charges for the second time. Biased and prejudged treatment of someone having a prior DUI or DWI offense conviction is a reality, and should not be taken lightly.
No matter if this is for a 2nd driving under the influence arrest, or how many other convictions a person may have in their past, a driver is still entitled to legal protection to vigorously defend their rights and seek results that are most favorable to beat the case in court. We are here as a driver’s online guidance to help get started in the right direction before a person begins spending any money on defense of the case.
In every state throughout the country, time is a critical factor in fighting to dismiss and win a second DUI or DWI offense charge case. It is important to realize that if convicted or a guilty plea is entered, a driver can expect jail time with a second DUI, and little chance of a way to get a restricted license sooner than the normal required suspension time. (Source: avvo.com)
Know what to do for right after another DUI/DWI arrest and what actions to take next. We are here to help you get started in the right direction how to get out of repeat offense charge. This will include finding all possible strategies based on the arrest details of what to do for ways how to fight and beat a second offense DUI case near you effectively in court.