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How Does Anne Arundel Treat 2nd Offense DUIs?
Prosecutors will almost never drop second offense DUI charges. It’s very rare for them to offer to enter a charge nolle prosequi or to stet that charge. Most prosecutors would rather lose the trial than dismiss the case on a second offense DUI. Prosecutors on second offense DUIs will frequently ask for a period of incarceration depending on the facts of the case and the timing between the first and second offense. This is why it is so important to have an experienced DUI lawyer in Anne Arundel when facing a second offense DUI or DWI.
Probation or Alternative Sentencing
There’s no diversion for second offense DUIs. Probation before judgment is a possibility if the first offense is more than 10 years old.
How Do Anne Arundel Courts Treat 2nd Offense DUI Charges?
Typically, a second offense DUI charge in Anne Arundel County will result in a conviction rather than probation before judgment, which means than an individual will receive points assessed against their driver’s license and that potential license suspension that we discussed earlier. Courts typically will incarcerate for a brief period of time on a second offense. The typical period of incarceration varies from one weekend to several weekends.
Penalties for Second Offense DUI Charges
Well, if the individual was convicted of their first offense, then the prosecution can ask for enhanced penalty for the second offense. Second offense enhanced penalties increase the maximum sentence for a DUI to 2 years of active incarceration. It is very rare for an individual to receive 2 years on a second offense DUI. I don’t believe that I’ve ever seen that in my practice. On second offense DWI with enhanced penalties can carry up to 1 year period of incarceration.
Typically, in Anne Arundel County, the prosecution asks for 1 or 2 weekends on the second offense, depending on timing and the facts of the case. So they are asking anywhere between 2 and 4 days in jail rather than 2 years.
Does The Amount Of Time Between DUIs Matter?
The amount of time between DUIs will impact the penalties and sentencing you face. In Maryland, an individual is prohibited by law from receiving a second probation before judgment within 10 years of receiving a first probation before judgment. So if the incident occurred within 10 years of a prior, then the individual is statutorily ineligible for a probation before judgment. Also in terms of sentencing because the judge has such a wide amount of discretion with a 1 year maximum and a typical sentence in the realm of 2 to 4 days, they will treat a second offense that occurred within a year or two of a first DUI significantly more harshly then they would when it occurred within 10 years of a first offense.
First DUI v Second DUI in Anne Arundel
Well, on a first offense in Anne Arundel, an individual very rarely receives a conviction and very rarely receives incarceration. On a second offense, some period of incarceration is likely and a conviction is likely as well if the State is able to prove their case.