DUI second offense is treated differently in the different parts of the country. It is a simple case of misdemaneor in almost all places. However, when you are involved the second time, there are quite a few things that you are bound to do. It might even cause you to go up with the penalty you are supposed to pay up for the same.
Let’s take a look at all the possibilities you might face when charged the second time.
1. If you are charged with a DUI within seven years then there is a possibility that it is considered a second. In some cases, the judge orders a jail term of up to 6 months in such cases. You could also fall prey to a jail term of up to 10 days. There is a certain fine that you are supposed to pay up for this offense. It depends upon the state. Apart from the penalty and jail term, you are also supposed to attend a rehab for the same. The alcohol in your breathe determines the rehab term for you.
2. The ticket also indicates that you ought to stay out of trouble in the future. The alcohol content if higher than 0.18 than the IID is installed for a specific period. It could range from 12 to 36 months
3. You should know when it is considered 2nd offense DUI. For this, you should know when you have committed a DUI earlier. If there was a conviction for the prior DUI, then they should consider it an offense.
4. If the earlier DUI did not end in arrest, then you will not be part of the DUI second offense. If you have been convicted in one part of the country, and you are charged again, then it is a second offense. So, make sure you are aware of the fact when the offense is considered to be second
5. There should be enough proof to specify your first arrest. If there isn’t enough evidence, then this may not be considered as your second offense. So, you should know if there is proof stating the same
6. You should know if the second charge will impact your driving license or not. Your license is revoked for a period of a year if you are charged with a DMV case. If you are charged the second time within a period of 7 years, then it stays on your record. In case of a commercial driving license, it is revoked for life. In case the country allows you to fight the charges by paying up a certain amount, then you can do so. The penalty charges are in sync with the offenses and punishments in the 2nd offense DUI.
7. Medical conditions can be a simple reason for increased BAC in your body. It is possible that the analyzer detected it as a result of the elevated results. However, if you are not facing such medical conditions, then you could be charged with the offense.
Hire a good lawyer to ensure you fight a good case for your DUI offense.
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