Building a Defense for a Montgomery County Second-Offense DUI
If you were charged with a second-offense DUI, you should understand that this charge could be treated much more harshly than your first DUI. Judges and prosecutors may feel that a second-offender needs a severe punishment in order to protect them and the public from future offenses.
For this reason, it is important to contact a lawyer with specific experience Building a defense for a Montgomery County second-offense DUI. A dedicated criminal defense attorney could negotiate directly with prosecutors to resolve your case. If necessary, they could also stand by your side through the entire trial process and fight for an acquittal. Call today to schedule a consultation.
How Montgomery County DUI Attorneys Build a Defense
Montgomery County DUI lawyers build a defense for a second-offense DUI charge in the same way they would for first-offense DUI charges. They will challenge information about the stop of the vehicle, whether or not the driver participated in the standardized field sobriety tests successfully, whether or not the individual was properly advised before being given any Breathalyzer test, and whether probable cause existed to arrest the individual. These are all parts of the investigation that are going to be extremely important to any individual who is participating in the case.
Preparing a DUI case and the defense for a DUI does not change much between the first, second, third, or fourth DUI. What changes is how risk is assessed with respect to each of those cases and how a determination is made about one particular kind of risk: taking the matter to trial or accepting a certain kind of resolution as a first offender versus a subsequent offender. The way that is calculated is going to be based on an attorney’s experience in the local court system and determinations about how best to proceed with respect to the case.
Factors Considered in a Case
The best factors to consider when building a defense for a Montgomery County second-offense DUI are:
- The bad driving
- The basis for the stop
- How an individual performed on field sobriety testing
- The officer’s observations about the odor of alcohol, slurred speech, or bloodshot eyes
- The officer’s representation of establishing probable cause to arrest the person
Also considered are how the person actually proceeds through the process of arrest and whether those pieces of evidence are enough to constitute a proper basis to criminally prosecute that individual in court.
Differences Between First and Second Offenses
Second-time DUI offenders are really no different than first-time DUI offenders with respect to defending the case. Lawyers are looking at the actual facts of the case and identifying issues that could be helpful in litigating a trial to try and win the case itself. However, representation of an individual who has more than one DUI plays a great deal into how sentencing actually occurs.
For example, a first-time DUI offender might have far less to lose by turning down a plea offer and going to trial to try and win the case than a second-time offender. For a second-offense DUI, a plea offer for resolution that is offered by the prosecutor is far less risky than going to trial, losing, and then facing the sentence that the court might be inclined to assess with respect to any criminal prosecution in the case.
Calling a Skilled Montgomery County DUI Attorney
Many people believe they can defend themselves in court, but building a defense for a Montgomery County second-offense DUI is a job best left to a qualified attorney. Attorneys have years of experience in the local courts handling this type of case, and they could put that experience to work on your behalf. Call today to schedule a case review and begin working towards a resolution.