Fredericksburg Second Offense DUI Lawyer
A first-offense DUI is prosecuted to the fullest extent of the law, and authorities take second offense DUIs even more seriously. The Commonwealth Attorney views a second time DUI offender as an individual who either has not gotten the message that they need to stop drinking and driving or they have an alcohol problem and need some help.
If you were charged with a DUI for the second time, you should reach out to an experienced criminal defense attorney. A Fredericksburg second offense DUI lawyer could make sure your rights are preserved while working to resolve your case.
How Second Offense DUIs are Prosecuted
The courts generally take second offense DUI charges seriously, especially in the Fredericksburg area. Judges will definitely put a person in jail on a second offense. They do not take lightly to DUIs, because the courts view them as an offense that could lead to harm to the public. The public policy behind DUIs is bad for the accused, and the judges do not show a lot of mercy to repeat offenders.
The Commonwealth has the opportunity, no matter what the charge is, to offer some kind of a plea agreement. However, an individual charged with a second offense DUI is going to be given less opportunity for an offer. With a second offense, the offer a prosecutor makes to a Fredericksburg second offense DUI lawyer is going to be less advantageous to the individual. The person is going to find themselves in a situation where the Commonwealth is not going to have as much mercy or leniency on them.
Second-Time DUI Penalties
A second offense within 5 years of a first offense carries a mandatory fine of $500 assuming there is no elevated BAC. As an example, if the BAC is under 0.15, it carries a mandatory fine of $500. The person will serve a possible jail sentence of 1 month to 12 months, and of that possible jail time, 20 days are a mandatory minimum. In addition, the individual could face a three-year loss of their driver’s license, an ASAP course (Alcohol Safety Action Program), and an ignition interlock device in their car).
What Happens if Someone Has a BAC over 0.15?
If a second offense DUI charge occurs within five years and the individual has a BAC over 0.15, they face a $1,000 mandatory fine and 30 days mandatory jail sentence. If the BAC is over 0.20, the mandatory jail sentence is 40 days.
If a person is outside of the five-year window but still within 10 years, the penalties are a mandatory $500 fine without an elevated BAC, 1 to 12 months in jail (mandatory 10 days), and three years loss of license.
Let a Fredericksburg Second Offense DUI Attorney Help
A first offense DUI can be chalked up to a mistake most of the time, and the individual who has never been in the situation before is not really going to find themselves in this situation again. With a second offense, however, the courts feel that the person has done this once before and still made the decision to not clean up their act. They are going to jail.
Thankfully, a Fredericksburg second offense DUI lawyer could help defend those accused of DUIs. They could negotiate with prosecutors for a reduced sentence and fight in court for a favorable outcome. Call today to schedule a case review.
