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DAVID CLARK
Criminal Defense Attorney

Building a Montgomery County Second-Offense DUI Defense

Defending a second driving under the influence (DUI) offense is different from a first-time violation because it involves analyzing the different intoxication levels.  In general, individuals are looking at jail time for all different categories in a conviction, so DUI lawyers take these cases very seriously. The lowest level of alcohol includes a punishment of five days in jail, while the highest level is a sentence of 90 days in jail. When possible, negotiating for dropping the charges could be very helpful in a second DUI situation. Also, if there are any problems with the test or the time in which the test was taken, it could be a huge aid in getting it dropped from the 90-day penalty to a 5-day penalty.

Individuals who have been accused of driving under the influence for the second time should seek help from a skilled second offense DUI lawyer. They could help with building a Montgomery County second-offense DUI defense.

Evidence in a Driving Under The Influence Case

The factors considered when building a Montgomery County second-offense DUI defense includes the nature of the stop, any odor or indication of alcohol, statements regarding drinking or drug use, and any drug or drinking-related paraphernalia found in the car.  As far as the actual intoxication, factors considered in building a defense include:

  • field sobriety tests
  • accuracy and calibration of the tests
  • BAC levels and blood testing levels
  • evidence of non-intoxication or any denials that were made due to the testing officer

Depending on the amount of alcohol or drugs in their system, second defense DUI lawyers will look closely at the proof related to intoxication. They look at the calibration of the machines that were used, the accuracy of the tests, or any refusals. If they are alleging that testing was refused, the attorney will look at what they are able to prove without any tests administered and advise on their chances of trial based on that.

Suspending Driver’s License After a Second-Offense DUI charge in Montgomery County?

After a second-offense DUI charge in Montgomery County, the driver’s license would likely be suspended if they refuse any testing related to blood or BAC. If they are convicted of a DUI after that, their license would be suspended for an additional period based on what was in their system or what was proven at trial. After a trial or any sort of negotiations, the common pleas court would communicate what the result was, and that would be entered into the PennDot system. It is essential that the DUI lawyer on the case accurately have the record reflect what happened so that the defendant’s license will not get suspended.

If The Driver Gets Convicted?

If the driver gets convicted, they would have to serve any mandatory jail sentence minus any time that they have already served during the course of an arrest or pretrial. Also, they would get their license suspended and follow the mandatory procedures afterward, such as ignition interlock after the suspension period.

How a Second-Offense DUI Attorney Could Help

Montgomery County DUI lawyers build a defense for second-offense DUI charges by looking at the proof of operation and legality of the stop. The lawyer should investigate the stop and determine if it was legal. They would look to see whether the investigation was carried out in a lawful manner and any proof of operating the vehicle is recorded. Whether it is a traffic stop, a checkpoint, or a parked car, the details about how this person was stopped are going to matter to this person’s case.

Following an arrest, individuals should reach out to a diligent DUI attorney. An experienced lawyer could help with building a Montgomery County second-offense DUI defense. Schedule a consultation to get started today.