Building a Defense for Second Offense DUI Charges

Building a defense is very similar for both a first and second offense DUI charge. In both cases, an attorney will begin by reviewing the facts, in order to determine whether or not the state has enough evidence to generate a conviction. In regards to a second offense, a good defense attorney is going to evaluate the evidence with intensity and determination. The part where a second offense can begin to differ is the penalties, because penalties for a second offense become much more serious and therefore require that a strong defense be built.

Initial Advice

With a second DUI, a defense attorney may advise their to go get into inpatient treatment program. It is evident that they are dealing with an alcohol abuse problem, especially if their prior offense happened recently.

By taking the steps necessary to acknowledge the problem that an individual may have with alcohol, the court will see that he or she is taking the initiative to changing their behavior, which might decrease the severity of the potential punishments.

Importance of Seeking Legal Representation

In this situation, it is not a good idea for a non-legal professional to try and represent themselves. One of the biggest problems people have when they attempt this is that they are far too involved, emotional, and anxious.

With a second offense, the stakes are higher for the individual in regards to the potential penalties, as mentioned previously. An experienced defense attorney will not let emotion impact their plan of action. An attorney will be logically analytical, and give advice that is realistic and professional.

An attorney will look at a case without any emotional interference and will figure out a defense. If there isn’t a realistic defense, then other options to minimize the impact of the charge will be considered.

Possible Defense Considerations

Defense attorneys know the rules of procedure and understand the case law. A good defense attorney will consider factors such as the level of difficulty that the prosecution may face while admitting and incriminating evidence.

In every DUI, for example, there needs consideration of, whether or not the state can prove if the alleged driver was operating the vehicle. If they can prove that, then another factor to look at could be if they can prove that the person’s coordination was impacted and how are they going to execute that. That is the sort of step-by-step analysis that needs to be done by a defense attorney.