Salisbury Second DUI Lawyer
Prosecutors handle second DUI cases even more seriously than they handle first DUI cases. The maximum penalty is higher and it is typical for the State to seek jail time for a second DUI. That could mean anywhere from a couple of weekends in jail to ten days in jail or more. It also depends on a variety of factors including how much time has passed from the prior DUI to the current DUI. However even in a best case scenario prosecutors are going to take a 2nd DUI charge in Salisbury very seriously and will likely file a subsequent offender notice and try to get an enhanced penalty. For this reason if you are facing a second DUI charge it is important you consult with a Salisbury second DUI lawyer as soon as possible to discuss your case. Call and schedule a consultation today to discuss your case with a DUI lawyer in Salisbury.
Building a Defense in Salisbury 2nd DUI Cases
The process for building a defense for a second offense DUI charge should not be any different because the strategy of building a defense is oriented to the goal of a not guilty verdict. That will be true whether it’s a first offense or a second offense or a third offense. Salisbury second DUI lawyers typically review the evidence in the same way and while an attorney is reviewing the evidence, they are keeping in mind the elements of the offenses, looking at each element, and analyzing the evidence to determine if the state has the necessary evidence to prove every element.
With that said, 2nd DUI convictions can lead to more severe penalties, and it is in your best interest to consult with a Salisbury 2nd DUI lawyer in order to learn more about the charges you are facing.
Where are Second DUI Offenses Heard?
Second DUI cases are often heard in the district court building on Baptist Street in Salisbury. The only way that the case would be removed from the district court is if the defendant were to pray a jury trial. If the defendant prays a jury trial, he has to go over to circuit court because the district court does not have the jurisdiction to have a jury trial.
Penalties for a 2nd DUI in Salisbury
If it is a second conviction for a DUI, the maximum penalty can increase from one year to two years in jail and the fine can increase from $1000 to $2000. If those two DUIs occur within five years of each other, then there is also a minimum mandatory sentence that the judge must give of five days incarceration. So the penalties get significantly more serious for a second offense DUI. As a result, it’s very important to pay attention to the timeframe because obviously that five-year time frame can mean the difference between no minimum mandatory sentence or a minimum mandatory sentence of five days.
Probation and Alternative Sentencing in Salisbury 2nd DUI Cases
Prosecutors do not offer diversionary programs for a first offense and they certainly do not offer them for a second offense. They will not necessarily be opposed to probation for a second offense instead of an active jail sentence but it will be very case specific. It’s going to depend on the individual’s particular driving record and whatever mitigation is specific to that person. It would not at all be unusual for a prosecutor to request a weekend in jail or ten days in jail for a second offense in Salisbury.
Advantages of a Salisbury Second DUI Lawyer
A Salisbury 2nd DUI attorney can help you get a bearing on what you should expect from your DUI case, how you can prepare for the proceedings, and what steps you can take now to help strengthen your defense.
If you have a prior DUI or DWI conviction on your record, you understand how important it is to have an attorney by your side. Contact an experienced Salisbury 2nd DUI lawyer today and schedule a free consultation.