Colonial Heights Second-Offense DUI Lawyer
Second-offense DUIs, as well as all of the misdemeanors, are going to begin in the general district court. As a Colonial Heights second-offense DUI lawyer knows, anyone interested in pursuing appeal would likely be going to trial in the Colonial Heights General District Court.
While all DUIs are taken seriously, second-offense DUIs, are taken a little bit more seriously. This is because, at that point, the Commonwealth is of the belief that there is something else going on other than a simple, one-time mistake. It is for this reason, speaking with a distinguished driving under the influence attorney could potentially benefit the outcome of your case. Contact a trusted lawyer right away to discuss possible defenses.
Treatment of Second-Offense DUI Charges
The Virginia Code says that the penalties can change from a first to a second offense DUI. The commonwealth attorney’s office is less likely to work on any kind of agreement or deal with somebody who is charged with a second-offense as well. There is less of a chance for leniency and increased penalties as a person receives more offenses.
Second-offense DUI charges are treated very seriously by the courts. Of course, each case depends on BAC, but on a second-offense DUI, the Commonwealth will seek a conviction. They will seek mandatory jail time unless there are extenuating circumstances, and the judge, more than likely, will be more than willing to give the person a mandatory minimum if the person is found guilty
The main difference between a first-time DUI and a second-offense DUI is going to be the mandatory time that comes with it. Elevated BAC can affect the severity of the case, as well as other aggravating circumstances.
Associated Penalties for Second-Offense DUI
Penalties for a second-offense DUI in Colonial Heights are going to vary depending on the BAC, but generally speaking, someone charged with a second-offense DUI may face 12 months in jail and a fine of up to $2,500. A second-offense DUI charge five years after the first requires a mandatory $500 fine, and mandatory 20 days in jail as opposed to no mandatory time for a first offense.
The license suspension period also changes. For a second offense within five years, the license suspension goes from one year to three years, and a person can get their restricted license back after one whole year. They are guaranteed to lose their license for at least a year.
The individual may be eligible probation programs the accused could take part in if they also drive with ignition interlock device. However, they may not be eligible if they have an elevated BAC. Therefore, it may be critical for those accused to speak with a Colonial Heights second-offense DUI lawyer about their options.
Likely Diversion Programs or Probation Options
Normally, there are no diversion programs or probation options offered by prosecutors on a second-offense DUI. The commonwealth attorney’s office and the Virginia Assembly have come to the conclusion that any assistance that can be offered on a DUI can ultimately be offered through the Alcohol Safety Action Program or ASAP.
Through ASAP, a person can receive substance abuse help. If the person needs driving lessons, they can work with the person on that as well. Whatever the case may be, they address those issues through ASAP rather than looking for outside programs in order to divert the charge.
Whenever a charge has multiple elements, this gives a Colonial Heights second-offense DUI lawyer the opportunity to defend and negate one or more of those elements. It also gives the attorney for the commonwealth or the police officers the opportunity to make some mistake so that the defense attorney can have the case ultimately dismissed or reduced.
