Second Offense DUI
Typically, states view a second offense DUI as one that has occurred within a five-year time period of your first DUI conviction. Your only chance to avoid conviction for a second offense DUI is to seek legal representation! No matter where you live in the United States the penalties for a second offense DUI are far worse than those set aside for a first offense conviction. This could mean an increased jail sentence, more expensive fines, and the loss of your driver’s license.
For example, in Pennsylvania a first offense DUI conviction (if your BAC was between 0.8% and .10%) will result in a six-month probation sentence along with a $300 fine. If your BAC falls within this same range and it’s your second DUI conviction, the minimum jail sentence is five days. The fine will be no less than $300 but no more than $2500 and you’ll lose your license for 12 months.
Depending on the state you live in, you may also be required to install an ignition interlock device on your vehicle in order to retain your driver’s license. This will allow you to keep driving your vehicle, however you’ll be required to blow into the machine to start your vehicle. If the device detects a small amount of alcohol on your breath, your vehicle will not start. It will be installed at your cost and you’ll be responsible for any repairs or maintenance fees.
As was mentioned, a second offense DUI will result in stricter penalties and that is especially true if you have any enhanced penalties associated with your DUI case. An enhanced penalty could be that you were speeding far above the posted speed limit or that you had a young child in your vehicle. In situations where a person is killed due to a DUI accident, you could even be charged with manslaughter or murder.
Don’t let a second DUI charge turn into a conviction. Seek the help of an experienced DUI attorney to ensure that your rights and freedoms are protected. You must remember that you are innocent until proven guilty!