The Legal Consequences of a Second Offense DUI

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DUI penalties are pretty standard across the country. They are relatively complex and burdensome upon the DUI defendant. The purpose of this is to deter individuals from committing the crime, and definitely to prevent them from committing the crime more than once.  As a result the legal consequences of second offense DUI are relatively stiffer and require more steps than that of a first offense DUI conviction.

Second Offense DUI Legal Consequences

Each state will have varying consequences for second offense DUI.  In most states a second offense DUI will be a felony with mandatory jail time. The mandatory sentences for second offense DUI can range from 90 days up to one year in prison.  Fines will increase as well, with the range being from about $2000 up to $7500 depending on the jurisdiction.   In addition to jail time and fines, a person will have their driving privileges revoked for an extended amount of time usually one year and up to five.

DUI offenses will result in a defendant having to undergo mandatory alcohol and drug counseling.  These sessions are mandatory and with a second offense a judge can require a defendant to attend these classes for an extended period of time.  Another legal consequence of second offense DUI is the confiscation of the defendant’s vehicle or installation of an ignition interlock device.   

Aggravating Factors That Can Result in Harsher Penalties

Aggravating factors such as having a minor in the car while driving drunk, driving in a school zone, refusing to take a breathalyzer, or getting into an accident and causing damage or death will always result in even stiffer fines and jail time.  Also if an individual is under the age of 21 when they receive a DUI they could find themselves unable to operate a motor vehicle until well after their twenty-first birthday.

Seek Legal Help

Getting charged with a second DUI, especially if it is close relation to the first DUI charge can result in severe legal penalties.  Your first step should be to contact a licensed attorney in your area that has experience with defending DUI cases.  Only a lawyer will know the nuances of the law that and properly present your case to judge and/or jury.  Never attempt to handle cases like this alone- seek the advice and guidance.

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