Chesterfield Second Offense DUI Lawyer
For many people, getting charged with one DUI is often enough to ensure they are careful and do not get into that situation again. Unfortunately, for others, it remains a problem. If you have been given another citation after dealing with one already, a committed DUI attorney is here to help. You deserve quality representation from a Chesterfield second offense DUI lawyer.
Where Are Second Offense DUI Charges Heard in Chesterfield County?
Second offense DUI charges are heard in General District Court first. If the defendant is found guilty of second DUI offense, they have the right to appeal that charge to the circuit court.
Usually with the DUI, a defendant can get a bond or they will get a recognizance bond to return because they affirm that they will. With the mandatory minimums, judges will often make them pay a secured bond to get out of jail. Sometimes judges will not issue bond at all, depending on how the defendant behaves. A second offense DUI attorney in Chesterfield County could push to get the fairest outcome for the defendant.
Penalties for a Repeat DUI Offender
The prosecutors handle second charges more vigorously because they have a higher penalty than a first offense. If it is a second DUI in five years, it is a mandatory 10-day minimum sentence. If the defendant blows above 0.15, it is an additional sentence of ten days. If they blow above a 0.20, it is 20 days extra instead of 10. There could also be doubling time for any escalators. Sometimes judges do not put bond on a second DUI because they want the defendant to sit and do their time straight through instead of having them bounce in and out.
In addition to the mandatory minimum jail time, the minimum fine is $500, plus the defendant could have an ignition interlock installed for anywhere from six months up to three years, and could have a restricted license for one year, or the suspension of their license for up to three years.
How a Lawyer Builds a 2nd Charge DUI Defense
Chesterfield lawyers build a second DUI offense in much the same way as they build a first DUI offense. They have to make sure the checkpoint was legal and had proper authorization. They must confirm that the officer stopped the defendant’s vehicle for a valid reason and that they administered the tests properly. That includes the field sobriety tests, as well as the blood alcohol test.
The walk-and-turn test might not have been fair if the driver was a woman in high heels, for example. If the officer did not permit them to walk flat-footed, or if they ignored statements by the driver that explained they had a bad knee and could not walk properly, that could cause a conflict. Lawyers also need to confirm that a walk-and-turn is on flat level ground, not graded, so that there can be a fair estimation of their ability to make the movements.
A person without legal training might miss these small but crucial topics, which is why getting help from a trained lawyer is a smart idea.
Find Legal Counsel with a Chesterfield Second Offense DUI Attorney
The penalties for a repeat offense are higher but you still have the right to challenge any charge made against you. Place a call now to a Chesterfield second offense DUI lawyer and explain your situation.
