Anne Arundel Second Offense DUI Lawyer
Compared to a first DUI offense, second offenses DUIs are prosecuted more vigorously. Prosecutors are a lot more willing to let something slide on a first offense that than they would be on a second offense. For this reason, it is important to contact an experienced Anne Arundel second DUI lawyer who has handled DUI and DWI cases where a driver has a prior offense on his or her record. Call today to discuss your case with a DUI lawyer in Anne Arundel County.
Where Are 2nd DUI Cases Heard?
Second offense DUIs, just like first offense DUIs, are native to the District Court. That means that a second offense DUI will initially appear in District Court either in Annapolis or in Glen Burnie. Most DUI defendants have the option of a jury trial and if they request a jury trial, then the case will be transferred to the Circuit Court in Annapolis. But the first court appearance is always going to be in District Court.
Building a Defense in Anne Arundel 2nd DUI Cases
Our attorneys will build a defense in second offense DUI cases exactly the same way that they would approach a first offense DUI charge. An Anne Arundel second DUI lawyers will first look to see if there’s any way that they can beat the case. They look at the stop. They look at the probable cause to justify the arrest. They look at the performance on the breathalyzer test, performance on the field sobriety tests, and they examine any kind of back story on the breathalyzer machine as well; operators certifications, machine calibration records, those types of things.
If there’s a possible defense, then your Anne Arundel 2nd DUI lawyer will start preparing for a trial. That means gathering evidence to prepare to challenge the state’s evidence. If the case is one where there is not a possibility of victory at trial, an attorney will start preparing mitigation–specifically they may refer their client to the appropriate level of treatment that they should be undergoing and start preparing to present this mitigation to the court.
What Do Attorneys Look For In These Cases?
An Anne Arundel 2nd DUI attorney will look at anything that can challenge the legality of the arrest, including:
- Illegal stops
- Improper arrests
- Improperly conducted field sobriety tests or
- Improperly conducted breathalyzer test.
Building a Defense in Anne Arundel Second DUI Cases
Second offense DUI cases are more high stakes. On a second offense, it’s very likely if convicted that an individual will receive points and some period of incarceration.
In terms of preparation, an Anne Arundel second DUI lawyer will analyze every case to see if there’s a way to win the case. In terms of preparing a client for a second offense DUI as opposed to a first offense, it usually means more treatment, more alcohol education, more therapy, or perhaps a brief period of inpatient treatment on a second offense where that wouldn’t be appropriate for a first offense.