What to Expect From a 2nd DUI Case in Salisbury
In Salisbury those facing second DUI charges are likely facing jail time which will directly impact the sort of mitigation preparation that has to be done for the defendant. For someone dealing with a second DUI offense, getting treatment is often a good idea as is compiling all the information possible on the first DUI charge that took place. A Salisbury second DUI lawyer can aid your case in this regard and help inform you of the likely penalties you are facing. Call and schedule a free consultation with an attorney today.
What Can Happen to Your Driving Privileges After a Second DUI?
Following a second DUI charge, the MVA makes a determination as to what should happen to a person’s driver’s license after they are convicted. If they have a second DUI conviction and those convictions have occurred within five years of each other, then the motor vehicle administration can suspend the person’s driver’s license for one year.
That would be true of if they had a prior conviction under any sort of drunk driving offense. It does not have to be a DUI. If they had a DWI, which is the lesser included offense, but then they are convicted subsequently of a DUI, then their driver’s license can be suspended for one year. If they have a prior offense of a DUI specifically, and then they get a second MVA conviction then the MVA can suspend the privilege to drive for one year and after the one year can impose an ignition interlock restriction for several months after the year suspension.
Other Potential Consequences
If the MVA places an interlock restriction on the person’s driver’s license, that means that they cannot operate a motor vehicle unless that motor vehicle has the interlock device on it. So the MVA can require a whole host of consequences to somebody if it is their second offense for a DUI. That is totally separate and apart from the points being imposed. If a driver has a second DUI then they will not be eligible for the benefit of probation before judgment.
If they are convicted, the court will notify the MVA that the driver received a conviction for a DUI; the MVA can then assess points to the person’s records. For a DUI the number of points assessed is 12 which in and of themselves can cause a revocation of the person’s right to drive. So there are multiple consequences for a person’s driver’s license after they have been convicted for a second DUI.