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DAVID CLARK
Criminal Defense Attorney

Montgomery County Second-Offense DUI Lawyer

Prosecutors handle second-offense driving under the influence (DUI) charges harshly. The punishments would be more punitive and have harsh consequences. A judge giving a sentence for a second DUI, if it is not agreed upon by the party, is going to be bound by the required enhanced minimum penalties, so they have a higher floor. Also, the Judge may be looking to give a higher sentence because this person already had a prior offense, so they have already been warned or are aware of the dangers of driving under the influence.

Since the court is more likely to give an aggravating sentence for a second DUI, it is essential to secure an experienced defense lawyer. A Montgomery County second-offense DUI lawyer could advocate on your behalf and help mitigate the consequences of a conviction. Speak to a diligent DUI attorney to learn about what may be possible in your case.

How Do Prosecutors Handle Second-Offense DUI Charges?

Second-offense DUI charges are prosecuted more vigorously than first-offense charges because a second offense carries a more serious penalty. On a second-offense DUI, the prosecutor is more likely to follow up and make sure that they have what they need to pursue the case and not plan on the case being approved for diversionary programs.

Also, the prosecutor will be aware of what level of DUI they are talking about, whether it is a low rate, medium, or high rate of alcohol or drugs. They might use this as leverage against a person when negotiating an outcome because even the mandatory minimum sentence calls for jail time for a second DUI.

The Penalties For a Second-Offense DUI in Montgomery County

The amount of time between the offenses matters because the last DUI has to be within ten years for it to be counted against a defendant. They would be looking at an enhanced penalty, so any DUIs within the last ten years, including offenses in other states, would also count in that calculation. If it is more than ten years, it will not count against the mandatory minimum calculation. However, a judge or prosecutor could still consider that similar past behavior as an aggravating factor when giving a sentence.

The penalties for a second-offense DUI in Montgomery County within ten years carry certain minimums:

  1. For the lowest rate of alcohol (.08-.099 BAC), the minimum for a second DUI is five days in jail up to six months, a $300 fine, alcohol highway safety school, license suspension for one year, and ignition interlock for one year.
  2. For a medium amount of alcohol (.10-.159 BAC), the penalty is 30 days in jail up to six months, a fine of $750 to $5,000, alcohol highway safety school, license suspension of one year, and ignition interlock for one year.
  3. A second DUI with a high rate of alcohol (0.16 BAC or above, or DUI by drugs)—the penalty is 90 days to five years in jail, a fine of $1,500 to a $10,000, alcohol highway safety school, license suspension for 18 months, and an ignition interlock for one year. All of these penalties would require some drug and alcohol assessment as well to see if the court recommends any further treatment.

Seek Help From a Montgomery County Second-Offense DUI Attorney

Treatment is different in comparison with first-time charges because a second DUI is generally treated as more serious and has more collateral consequences. They would require a longer license suspension in some cases or an ignition interlock, which could be an embarrassment, an imposition, and a difficulty for people to use day after day. Typically, the defendant should be aware of the penalties for a second DUI from the very beginning.

Following an arrest and charge for driving under the influence, it is best to seek help from a Montgomery County second-offense DUI lawyer. They could review the facts of the case and build a defense to fight the charges. Call today to schedule a consultation.