Frederick Second Offense DUI Lawyer
Second offense DUI charges are taken more seriously than first offense drunk driving charges. A second offense DUI offender made promises to the court their first time around and are in the same position again despite that first round through the court. The court could identify that person as having a more significant alcohol-related issue or a more significant disrespect for the community around them. In those circumstances, the legal system might opt to impose more severe sanctions and penalties against the person for the safety of the public. A local seasoned drunk driving lawyer understands the severity of these charges and can assist their client through this process.
If you are facing your second offense driving under the influence charges, it is important that you consult a knowledgeable Frederick second offense DUI lawyer. They can help you through this process, review evidence, challenge the prosecution, and help you build a strong defense.
Common Penalties
The penalties for a second offense DUI in Frederick could be the same, a one-year maximum period of incarceration, a maximum of 12 points, and a maximum of a $1,000 in fines unless the prosecutors seek an enhanced penalty. An enhanced penalty requires the court to file a written notice of their intention to seek an enhancement. The enhanced penalty increases the penalty of jail time to a maximum of up to two years in jail, a maximum of up to $2,000 in fines, and a maximum of 12 points on their driving record.
Amount of Time in Between Drunk Driving Convictions
The amount of time between DUIs makes a difference. When a person has a short amount of time, a few years for example, between their first and second DUI offense, those circumstances are treated far more seriously than a 15 or 20-year lapse between their first and second DUI offense. A good rule of thumb is that if there are more than 10 years since the person’s last DUI offense, they are likely to be treated for the first time or close to a first-time offender by the court system.
The courts treat second offense DUI charges more seriously because the person is now seen as a potential danger to themselves or to the community. The court may think the need for an intervention is greater than it is for a first-time offender.
License Penalties and Suspensions
After a second DUI charge, a person could face penalties of suspension or revocation of their driver’s license depending on the amount of time between the first and second offense. There is an option of participating in the Ignition Interlock Program so the person can keep driving. That is usually available to first-time offenders but might not be available to a second-time offender depending on the length of time between the DUI charges.
Challenging the Suspension of a License
The difference in challenging a suspension after a second time DUI offense is that the judge takes the second charge more seriously than the first offense. A Frederick second offense DUI lawyer will understand that there are fewer opportunities and tools available to the judge to be flexible about exceptions and/or modifications to a suspension. There are administrative rules that the Motor Vehicle Administration imposes on a person’s driver’s license when they are charged with a first or second DUI offense. People need to remember that driving is considered a privilege in the State of Maryland, not a right. The sanctions imposed against a person’s driver’s license are based on rules and regulations that a person agrees to abide by when they are granted the privilege of being allowed to drive a vehicle.
Building a Defense
Frederick DUI lawyers build a defense for a second offense DUI charge in much the same way as they would for the first DUI offense. The elements of the crime are exactly the same. The lawyer reviews the charges; conducts their own investigation by way of discovery and their own investigative tools; and engages in significant preparations of allocation to the court. That could include a lengthier period of alcohol education, formal in-patient or out-patient treatment, attending Alcoholics Anonymous meetings, or participating in individualized or group therapy. The Frederick second offense DUI lawyer tries to assure the court that this is an isolated incident and is the last time the person will appear in court on an alcohol-related charge.
Second offense drunk driving charges are serious and can have long-term impacts. It is important that if you are facing second offense driving under the influence penalties, that you have an experienced attorney. They can help you build a defense and determine the best course of action depending on the evidence and facts of your case.