Penalties For a Second Offense DUI in Salisbury, Maryland
If you are facing your second DUI charge in Maryland it is imperative you consult with experienced legal representation as you are facing serious penalties. Below are the immediate and long term consequences you are facing if convicted and some of the alternative sentencing methods that are employed in second DUI cases. Consult with an attorney today to discuss your second DUI case.
Immediate Penalties For a Second DUI
The penalty for a second offense DUI can be raised from one year in jail to two years in jail if the state files for subsequent offender penalties. So the penalty for a second offense DUI can be significantly more serious than the penalty for a first time DUI.
Also, the amount of time that passed between a first conviction and a second conviction is very important because there can be significantly greater consequences at the Motor Vehicle Administration if your second offense is recent. Typically, for a first DUI if the defendant is convicted the MVA can based on the 12 points being assessed by itself, the MVA can revoke the individual’s driver’s license. If a defendant has two convictions, within five years, their privilege to drive can be suspended for up to a year.
If they have two convictions specifically for DUIs within five years, then there will be a mandatory suspension of their privilege to drive for one year followed by several months of participating in the ignition interlock program. There are also – there can be additional consequences if the defendant was convicted and there was evidence of a breath test that was where the result was 0.15 or great. Under that scenario, the MVA would require participation in the ignition interlock program for a minimum of six months. If it is a driver’s second offense, then that participation in the ignition interlock will be increased to one year.
So the penalties, the consequences that a driver faces include not just potential jail time but also significant penalties that are assessed at the Motor Vehicle Administration.
They will not offer a diversionary program for a first offender and they absolutely would not offer any sort of diversionary program for a second offense.
Probation Before Judgment in 2nd DUI Cases
Probation before judgement is a sentencing disposition that typically in Salisbury is only going to be provided to a first offender. Additionally, under Maryland law, the judges are not allowed to give probation before judgment for a second offense unless it has been ten years since the first offense. While the statute might allow for a second probation before a judgment if ten years has passed, the judges in Salisbury typically will not allow for that second probation before judgment. They have a pretty standard rule that they will give one probation before judgment however even if it has been more than ten years it is very unlikely that they judges will give a second probation before judgment.