The most common thing that happens to someone who is convicted of a second time DUI is that they are placed on probation. Probation typically lasts around 4 years. They would also be required to pay fines and fees to the court, probably totaling well over $2,000. They would typically be required to attend an 18 month alcohol program, and they would be required to do some jail time. There are different types of jail but the most common would be county jail which could last anywhere from a few days up to a year on a second time DUI. The most common outcome typically would be a few days in county jail because there are a lot of factors that go into how much time someone would serve but typically it could be 4 days in county jail.
An Attorney Is Not Discouraged by Prior Offenses That the Client May Potentially Have
It is important for anybody that is charged with a DUI to have an attorney stand up for them. If people don’t have an attorney standing up for them, then they are just going to get steamrolled by the system. The system does not have any sympathy and the first time DUI is probably where you have the best chance of success because there is no prior history of that behavior and we can paint a picture that is most favorable. The most important DUI is the first time DUI, because that has the best chance of getting the best possible result. When someone gets a second time DUI, it becomes even more important than fighting the first one, because the second time DUI is the one where you are exposed to mandatory jail time and losing your liberty.
It Is More Important to Defend a 2nd DUI Than a First Offense Because of Mandatory Jail Time in the Event of a Conviction
All of the pressure from the first DUI gets leveraged up under the second DUI and it’s even more important that we do everything possible legally to defend the case to make sure that we cover all of the possible legal issues. Besides factual issues arising, there may be scientific issues that may require a specific defense. We need to make sure we turn over every stone to find every possible defense for somebody who is charged with a second time DUI. We need to make sure that anything and everything possible is done to stop the second time conviction, which can have very traumatic results on an individual not only with the requirement of jail if they are convicted but the affects on the driver’s license, affects on employment and affects on their family life.
The State of Mind of a Person Charged with a Second DUI Offense
When someone gets a second time DUI, they realize that this is not something they should be handling on their own. They realize that the stakes are much higher. The mandatory jail time, the exposure up to one year on a standard second time DUI is there along with the affects on the driver’s license and all the collateral consequences that come in to play. A person realizes that they do need help and they need to find an attorney who focuses on DUIs who can help them through the situation.
The Prosecutors and Judges Tend to Treat a Second Time DUI Offender Strictly
First time DUI can happen to anybody. It’s a very common occurrence. If someone were to get a second time DUI, they are separated from the group of people who have only had one experience with it. Prosecutors and judges will treat someone who is charged with a second time DUI differently and they have different requirements and take a different position about how they should be treated from the very first court appearance. The court will decide whether bail should be imposed or whether they should be taken into custody right away or whether there should be requirements for them to stay out and defend the case without being put in jail.
Personal Attention
