Second DUI Offense
DUI offenses are criminal charges that result in various penalties. However, a DUI charge does not always result in a conviction, and your DUI attorney can help you reduce some of the charges based on the factors of your case. Your BAC (Blood Alcohol Content) influences your penalties, in addition to whether you injured anyone if you crashed, and if you had any prior DUI offenses. When you refuse to submit to the breathalyzer or chemical testing, this can also increase your penalties. You should speak to a lawyer to find out what you can do after a second DUI offense. For more information about your case, contact Giribaldi and Manaras for a free consultation today.
Second Offense DUI Penalties
If you’ve been charged with a DUI before, you can expect a stacking offense. This term refers to the penalties that you receive because each time you are charged with a DUI your penalties increase. If your blood alcohol level is anywhere above .08% BAC, you can receive the following punishments:
The minimum mandatory jail time offense for a general impairment DUI is between five days to six months in county jail. If you were impaired with a BAC level between .10% to .159%, this increases your jail time to 30 days to six months in county jail. For a BAC higher than 0.16%, any illegal drug, a combination of both, or chemical test refusal, then you can expect prison time. You can be incarcerated from 90 days to 5 years in prison.
Unlike first-time DUI offenders, you can expect license suspension in most cases. For a BAC between 0.08% and 0.099%, you can receive a 12-month license suspension. This penalty is the same for a BAC between 0.10% to 0.159%. If your BAC was greater than 0.16%, you declined the chemical test or were under the influence of an illegal drug, then your driver’s license suspension can last as long as 18 months.
Second offense DUIs typically result in fines between $300 to $2,500 if the BAC was between 0.08% and 0.099%. If your BAC level was between 0.10% and 0.159%, then you may be fined anywhere between $750 and $5,000. When your BAC level is above 0.16%, you can receive a fine between $1,500 and $10,000.
In addition to the above penalties, you will be required to take DUI classes as a requirement. You will also have to submit to drug and alcohol treatment when ordered by authorities. Your vehicle will have to have a guardian interlock installed on it during the first year after your driver’s license is restored. Drug and alcohol treatment will be required anytime it is ordered, though typically this mostly applies to those with a BAC level that was above 0.16%. Instead of jail time, you may be placed under house arrest depending on your county. House arrest will be followed by parole.
How An Attorney Can Help
Second DUI charges are considered to be very serious offenses and often require mandatory jail time and a minimum of 12 months of license suspension. Based on your situation, your attorney may be able to help reduce your penalties.
The Arrest Procedure
Your DUI arrest may have been unlawful, which can result in the charges being completely dropped. If the police stopped you and performed a search under unjust circumstances, your attorney can file a motion to overturn this prosecution.
If the evidence that shows that you were intoxicated was weak, this is another reason that your charges can be reduced or dismissed. Breathalyzer tests, for example, aren’t always completely accurate and are right only 50% of the time. They can create a false positive because of equipment calibration. Breathalyzers have to be routinely tested and recalibrated to make sure they’re accurate. In some cases, foods may have alcohol in a low enough content that they can throw off the breathalyzer reading. For example, ripe fruit, kombucha, nonalcoholic wine or beer, cinnamon, nuts, bread with yeast, and fermented foods can throw off the breathalyzer reading.
Some products, such as hair sprays, colognes or perfumes, hand sanitizers, cleaning wipes, and other chemicals can have fumes that could cause a false positive because breathalyzers pick up chemicals from your skin and the air around you. Other reasons false positives can occur are because of medications, mouth contamination, and electronic interference. Individuals with diabetes can also cause a false positive due to hypoglycemia.
When Should I Speak To A DUI Attorney?
To improve your chances of receiving a reduced DUI charge, speak to an attorney as soon as possible. They can help protect you from being penalized with the worst charges and prevent you from suffering from the consequences of a DUI conviction for the rest of your life. Depending on your county, you may also be able to reduce your jail time to house arrest. Find out more about your DUI case and call Giribaldi and Manaras now for a free consultation.