Do You Want A Lawyer Who Specifically Focuses on Second DUI and Multiple DUI Offenses?
When arrested for a second DUI, you will need an aggressive and experienced 2nd DUI Attorney or second DUI Lawyer to help keep you working, driving, and out of jail. Know that a 2nd DUI, 3rd DUI, or 4th DUI - Felony arrest is a very, very serious offense and depending on the circumstances of your arrest as well as the jurisdiction where you were arrested, you may be facing 48 hours and up to multiple years jail and/or prison time. With the right second DUI attorney, you can stay out of jail and keep your license even while facing your 2nd DUI.
While your first DUI arrest may have been embarrassing, your 2nd DUI arrest will be a life altering event. Depending on the jurisdiction where you were arrested, a second DUI can have all or some of the following DUI consequences:
- * 1-2 Years Driver License Suspension
- * 96 Hours up to 1 year jail.
- * Court Fines in Excess of $2,500.00 +
- * 18 Month Alcohol School
- * In Patient/Out-Patient Rehab
- * MADD Victim Impact Panel
- * Morgue Program
- * Community Service
- * 3-5 years Probation, Formal or Informal
"But My Friend Didn't Get Any Jail Time for Their 2nd DUI Offense..."
The truth of the matter is that for your 2nd DUI arrest, the jurisdiction where your arrest occurred as well as the circumstances surrounding your second DUI arrest will control whether or not you actually serve jail time.
For instance, an experienced DUI attorney may readily be able to negotiate a second DUI plea that would allow you to serve any jail time on House Arrest / Electronic Monitoring for a case heard out of one county, while a case with similar facts out of a different county will not be eligible to receive Electronic Monitoring in lieu of jail.
Further, alternative sentencing programs such as Electronic Monitoring, House Arrest, DUI Court, SCRAM, Work Furlough programs, etc, have strict enrollment requirements, making many individuals not eligible for such jail alternatives for a second DUI, third DUI, or fourth DUI arrest.
Finally, when new District Attorneys and judges are hired and/or moved, when new laws are passed, the possible sentencing alternatives change. Sometimes these changes help keep second DUI offenders out of jail while at other times, it makes the process even more difficult and frustrating. Only a DUI lawyer who focuses on multiple DUI offenders will know the status of possible jail alternatives that are available.
To know whether or not the court in your jurisdiction allows jail alternatives, call 877-717-2889 to speak to an experienced DUI attorney who focuses on the defense of individuals with 2 or more DUI arrests.
For a 2nd DUI
- The 10 Day DMV Deadline -
You have 10 calendar days from the date you were arrested to have your 2nd DUI lawyer contact the DMV to request an Admin Per Se hearing to fight the 1-2 year DUI suspension of your drivers license. In the majority of cases, failure for your DUI attorney to contact DMV within 10 days of your arrest, will render your license suspended for up to 2 years.
If you have a commercial drivers license, a second DUI conviction will result in a lifetime commercial license disqualification. Act now to preserve your right to drive.
Frequently Asked 2nd DUI Questions
Click on the following questions to learn the answers to your frequently asked Second DUI questions.
How do you get out of your 2nd DUI?
Does it Make a Difference That I am Still on Probation for My Prior DUI Conviction?
If you picked up a Second DUI or a Third DUI while on probation for your prior DUI, you will not be eligible for a drivers license if you fail to contact DMV within 10 days of your DUI arrest, or lose your DMV hearing, or plead guilty to either a 23152 or 23153 (a) or (b) in court.
This includes no eligibility for a restricted license. Thereby, having your second DUI attorney contact DMV within 10 days of your 2nd DUI arrest and challenging the second DUI in court is key to for you to drive for the next year.
In addition to the harsher drivers license suspension period, the court where you violated your probation could order you to jail for an additional 6 months or more on top of the possible jail time you could receive from the court where your recent DUI arrest occurred.
The bottom line is, yes, being on probation for a prior DUI does change the seriousness and likely outcome of your current DUI case. For more helpful DUI information about what a specific judge might sentence you to for violating your prior DUI probation, call 877-717-2889 to speak to a qualified DUI defense attorney with prior experience of how each court functions. DUI consultations are always free and informative.
How Do You Get Out of Your Second DUI?
There is no easy answer. You might as well call a doctor and ask him what medication can you take to cure an unknown disease. Simply put, you'll need to have more information to know if your 2nd DUI is beatable.
This doesn't mean there are no alternatives to doing jail time. Call a DUI lawyer who focuses on 2nd DUI cases.
Your DMV Hearing is the Most Important Tool To
Fight Your 2nd DUI
For most 2nd DUI cases, your DMV hearing is the most important tool to help fight your Second DUI. The DMV hearing is administrative proceeding where your DUI Attorney can subpoena records, such as: the calibration and maintenance records of the breath test device you used, the patrol video and/or audio recording of your arrest, 911 and/or dispatch tapes, and even the arresting officer and/or witnesses.
Prior to the DMV hearing, all the evidence will be reviewed in order to ascertain any legal defenses available that may result in avoiding a 2nd DUI conviction.
"One or More Year Suspension?!
How Do I Drive to Work?"
For a Second DUI offense, you are looking at a 1-2 year suspension of your drivers license. For all individuals arrested after July 1, 2010, your attorney, if educated in DUI & DMV law, may be able to fight and obtain a restricted license that will allow you to drive to work after a mandatory suspension period.
Unlike your First DUI arrest, this restricted license is not automatically granted. In order to be eligible, you'll need a DUI lawyer well versed in DUI/DMV law as it pertains to second or third DUI arrests. Merely pleading Guilty to 23152 (a) and (b) for a 2nd or 3rd DUI, will render your license suspended without the possibility of obtaining a restricted license.