Getting a second offense DUI conviction is not a light matter. There are many penalties and fines that come with it. If you’re pulled over with a high blood alcohol content and a former DUI conviction, you might find yourself in a bit of trouble for your prior offense. Let’s dive into some of the enhanced penalties associated with this.
2nd DUI Consequences
Penalties for a second DUI arrest may include the following:
· Mandatory jail time of at least five days, but no more than 11 months and 29 days. This is in addition to the 48 hours you would serve if your BAC was .08 or higher while driving. You will also face 10 days of community service.
· The minimum fine is $350. It can be up to $1,000. And if your blood alcohol content was .15 or over, it’s a mandatory minimum fine of $500. Also note that this cannot be waived by anyone other than a judge. If you fail to complete any portion of your service or required DUI program within one year, there are more fees to be paid.
· You will be required to install an ignition interlock system in your car for one full year. This means you cannot drive any car except the one equipped with the device. Watch this video about Ignition Interlocks . You must pay all of the costs associated with having and maintaining it.
· A license suspension lasting 60 days, plus a $200 reinstatement fee for each year of your probation period. This is on top of any other fees that would apply if your license were suspended anyway because you refused to take a chemical test or failed to complete a course of instruction regarding alcohol safety or DUI awareness (more on that below).
And that might not even be all of it.
Penalty assessments will take place when you pay your fines and costs. These add between $400 and $1,000 to the total amount you owe, depending on where you live.
All in all, it’s quite a package of penalties to face for one mistake (that is not really a mistake): being pulled over while driving drunk and having an open container in your car after drinking at a party.
Getting a misdemeanor DUI may result in a restricted driver’s license as well as time in the county jail. Field sobriety tests are there to spot drunk driving, and things only get worse if you’ve had a prior DUI. As mentioned previously, the penalty for 2nd DUI is not a light matter.
Prior DUI
Your second DUI offense has many potential penalties. If you decided to take a breath test or blood test at a traffic stop, you might find yourself in serious danger of a second DUI conviction.
The first offense may have seemed mild in comparison, especially if you received minimal penalty when you plead guilty. Having an experienced criminal defense attorney on your side could help in the long run, making your first DUI look easy.
In some case with your first DUI conviction you might have noticed that you only had to do DUI classes or some kind of alcohol treatment through a plea bargain made in court. However, the penalties for a second offense DUI might be a bit more severe than what you had previously experienced.
This time, they may not seem as easy to work around as the first sentence handed down from the judge. Such reasons include an increase in fines and court fees, community service requirements, higher insurance rates, longer license suspension periods and mandatory rehab treatment programs.
If you have been convicted for the second time you will need to realize that there is a mandatory minimum jail sentence for this offense. Your previous misdemeanor charge is now classified as a felony under the law which will have your record altered accordingly.
A second offender faces up to one year in prison if their BAC was .20% or more at the time of driving. However, a good law firm may be able to reduce things to a wet reckless conviction.
In some cases you may find that you’ll have to install an ignition interlock device due to your second offense DUI charges or that you’ll have to work with a restricted license. Keep in mind that the arresting officer’s testimony may be called on in court.
If it’s discovered that the officer violated the rules of proper DUI testing, you may be able to get your charges reduced or even dismissed.
If law enforcement has reached out regarding a charge against you, make sure to contact a Knoxville criminal defense attorney. The penalties and jail time for second offense DUIs should be taken seriously. While DUI arrests are happening every day, nobody wants limitations on their driving privileges. Nobody wants their previous DUI to affect their driver’s license or require them to now install an ignition interlock device. Nobody wants to do jail time because they got caught during a field sobriety test.
Additional Penalties
Your second DUI offense can get you in a lot of trouble, as mentioned earlier. Driving under the influence and getting a DUI charge can have many penalties associated with it.
If the arresting officer had probable cause during the arrest and performed field sobriety tests at a traffic stop, including but not limited to a chemical test, you might not be so lucky to get off with a wet reckless conviction. You may find yourself getting your second time DUI conviction, and all the various penalties that go with it.
When it comes to DUI cases, be sure to contact an experienced law firm for assistance. The justice system can be daunting to try to navigate on your own.