Building a Colonial Heights Second-Offense DUI Defense
When building a Colonial Heights second-offense DUI defense, an experienced criminal defense attorney will want to look at the facts of the DUI to determine where the challenges lie. Every DUI is different, and so the spaces and places where they could ultimately win the case are going to vary from DUI to DUI.
If you were charged with a second-offense DUI, reach out to a lawyer as soon as possible. Judges and prosecutors are less lenient in second-offense cases, and you could face serious penalties including jail time if convicted. Contact a seasoned defense lawyer today to discuss your case.
Second-Offense DUI Penalties
The main difference in penalties between a second offense and a first-offense DUI is the jail time involved. With a first offense DUI with no elevated BAC (Blood Alcohol Content) there is no requirement that a person go to jail. A second offense DUI, even without an elevated BAC, carries mandatory minimums. It is important for the defense to try to get a second offense amended, converted, or changed to a first offense to benefit the defendant. By building a Colonial Heights second-offense DUI defense, an attorney could help an individual try to avoid these penalties.
Driver’s License Suspension
The moment someone is arrested for a second-offense DUI, their driver’s license is going to be suspended for a 30-day administrative period. Their license can be returned to them after 30 days or at their court hearing, whichever comes first. Normally, the 30 days are going to come before the court hearing.
If convicted of a second offense DUI, their driver’s license is going to be suspended for three years if they have no elevated BAC. If someone is convicted of a second offense within five years of the first offense, their license is going to be suspended for three years. They are allowed to have a restricted license after one year, but they are going to spend one year without driving at all. If they are convicted of a second offense DUI outside of 5 years but lower than 10 years, then their license is going to be suspended for three years, but they can get their restricted license after a four-month period.
Challenging a Suspension
A person will not lose their license until they are convicted. If it is an administrative hearing, then the person actually has to challenge the suspension of their license. They will either have their license back already from the administrative challenge, or a court hearing to get the license back will be set after the 60 days.
Defense Strategies
Defending a second offense DUI requires more tenacity and creativity. When determining the best route for the client for a second offense, as opposed to a first-offense DUI, the defense will have to humanize the defendant to the Commonwealth and to the judge, as well as prepare a successful defense for them. It is always going to be important to point out if the defendant has ever dealt with a substance abuse problem. If this individual has made strides to discover if they do have an issue and are willing to put in the time to remedy that issue, they may avoid being back in the court in the future.
The first thing on the list of defense strategies is to determine what can be done to get the case down to a first Offense. That may require some negotiating and lawyering, but if they can get the DUI moved from a second offense down to a first offense, that would be beneficial to the defendant. Then, an attorney could look to the individual facts of the DUI to determine what can be done to challenge it and ultimately win the case.
Let a Colonial Heights Second-Offense DUI Attorney Be Your Advocate
Building a Colonial Heights second-offense DUI defense is a difficult task that should be left up to the experts. A local defense attorney has the skills and experience needed to effectively fight for the best possible outcome in a case. Call today to discuss your case and begin working towards a positive resolution.
