Hampton Roads Second Offense DUI Lawyer

Charges for second-time DUI offenses can be quite intimidating. Defending second-offense charges may seem like a daunting task, which is why it is important to work with a qualified DUI attorney. A Hampton Roads second offense DUI lawyer could devote the time and resources to building a solid case for you. Work with a capable legal advocate today, and know that you are in good hands.

How the Amount of Time Between DUIs Matters

The amount of time between DUIs affects the mandatory minimum sentence on a second-offense DUI. If it is five years or less between DUI offenses, the person is required to spend 20 days in jail, but if it is within ten years, then they will spend ten days in jail. The amount of time between the DUIs also affects how the prosecutor approaches the case and how the judge approaches the case. They are going to view a case differently if it is a person’s second DUI within a period of six months as opposed to if the period is nine and a half years.

A second-offense DUI is punishable by up to 12 months in jail. If someone receives a previous DUI within five years of their second, there is a mandatory minimum jail sentence of 20  days. If the first DUI is received within ten years of the second, there is a mandatory minimum of ten days in jail. The person’s blood alcohol level may also trigger additional mandatory minimum jail times. A Hampton Roads second offense DUI lawyer could attempt to mitigate the severity of the consequences a person faces.

Court Treatment of Second-Offense DUI Charges

Courts treat second-offense DUI charges more severely than first-offense DUI charges. They are strict. In most jurisdictions, on a first-offense DUI, they will have some leniency. The legislature sets out punishments that the judge is required to give, but judges are not necessarily going to surpass those minimums if there is nothing aggravating about the case. However, when it is a second offense, judges are more likely to impose a sentence above the mandatory minimum. At that point, they feel that the individual has had an opportunity to keep themselves together and avoid future DUIs and they did not so the consequences should reflect that. Second-offence DUI charges in Hampton Roads are heard in the general district court. Under certain circumstances, if they are appealed for instance, or if they were directly indicted, they would be heard in the circuit court. An experienced Hampton Roads second offense DUI lawyer could leverage their relationships when advocating on an individual’s behalf.

Prosecution of Second-Time Charges

On second-offense DUI charges, prosecutors tend to be less lenient and less willing to make plea offers, because it appears to be more of a pattern of bad behavior as opposed to an isolated incident or because of bad decision-making.

Second-offense DUI charges, unlike first-offense charges, carry with them mandatory jail time so prosecutors approach a case knowing this, no matter if the defendant pleads guilty or if they are found guilty. Prosecutors are less likely to agree to mandatory minimums on a second-offense DUI, especially if the first offense was relatively recent because they are going to approach this as less of an accident and more of a problem with behavior.

License Suspension

If there is a second-offense DUI charge, and if someone is charged, their license is administratively suspended for a period of sixty days or until the trial date, whichever is sooner. If someone is convicted of second-offense DUI, their license is suspended for a minimum of three years. They are eligible for a restricted driver’s privilege which allows them to drive to work, to their probation officer, for medical reasons, and for other statutory exceptions.  If it is a DUI 2nd offense within five years, then a person must wait 12 months to get a restricted license.  The waiting period for a DUI 2nd offense within the past five to 10 years is only four months.

After an individual’s second DUI, courts are less likely to give them the benefit of the doubt and are less willing to give a person the opportunity to get their license restored. Since the defendant was given an opportunity after their first DUI and squandered by receiving a DUI, the judges are not going to be motivated to give the individual another opportunity to endanger people on the road by driving intoxicated. If someone is convicted of a second-offense DUI, they are eligible for a restricted license, but that is at the judge’s discretion. They will likely grant it so long as the individual is employed and can show the judge good cause. If someone is convicted of a second-offense DUI, they are required by law to attend the ASAP Program which is the Alcohol Safety and Prevention Program. The course educates the individual on the dangers of drinking and driving. If an individual is acquitted of a DUI, then there will be no suspension of a person’s privilege to drive.

Value of a Hampton Roads Second Offense DUI Lawyer

If you have been charged with driving while impaired, retain the services of a Hampton Roads second offense DUI lawyer. The consequences of a second-offense DUI include jail time and the loss of your license. These restrictions on your freedom could have serious repercussions for both your personal and professional life. A qualified DUI attorney could conduct their own investigation and collect the necessary evidence. The attorneys could then use that evidence to build a solid defense for you. Work with an experienced legal advocate that could work towards the best possible outcome for you.