What to Do After a Second DUI Arrest

Getting the Best Help after Being Arrested for DUI a Second Time

Going through a first Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) arrest, charge and conviction is usually enough for an individual to not make the same mistake again. But, everyone makes mistakes, and it is possible for everyone to be arrested and charged with a second offense DUI or DWI. While every state has different penalties for a second charge of this offense, in almost all places the penalties are much harsher – longer suspensions, higher fines, and greater possibilities of jail time.

Second Offenders Face Higher Chances of Jail Time

Jail time is often mandatory for second time offenders in a number of states across the country. This is often detrimental to individuals who are currently holding employment – not many employers will be tolerant of an employee missing work to serve a jail sentence for a second time DUI or DWI offense. Having an experienced attorney work the case can sometimes result in an agreement to serve jail time over weekends instead of during working time. Another alternative is sentencing the individual to community service in lieu of the jail sentence.

License Suspensions for Second Time DUI/DWI Offenders

License suspensions are typical for both first time and second time DUI/DWI offenders. It is important to keep in mind, however, that these suspensions are often longer for those who have been convicted or Driving Under the Influence for a second time. Having your license suspended and not being able to get to work or school on your own can have very negative consequences on your personal life. Often times, individuals will lose their jobs because they are unable to get to work or get to work on time.

Second Offense DUI/DWI Penalties by State

Every state will vary in the punishments handed down for second time DUI and DWI offenders. While the penalties may vary, the severity of these punishments will be higher than those handed down for first time offenders. Depending on the state in which the arrest and conviction takes place, second time offenders may be looking at very long jail sentences, high monetary fines, and even having their vehicle confiscated.

Here are some examples of first offense penalties versus second offense penalties:

Arizona:

  • First Offense
    • 90 Day License Suspension
    • Mandatory Alcohol Education
    • Mandatory Alcohol Treatment/Assessment
    • No Ignition Interlock Device Requirement
  • Second Offense
    • 90 Day License Suspension
    • Mandatory Alcohol Education
    • Mandatory Alcohol Treatment/Assessment
    • Possible Ignition Interlock Device Requirement

California:

  • First Offense
    • 4 Month License Suspension
    • Mandatory Alcohol Education if Under 21
    • Mandatory Alcohol Treatment/Assessment
    • Possible Ignition Interlock Device Requirement
  • Second Offense
    • 2 Year License Suspension
    • Mandatory Alcohol Education if Under 21
    • Mandatory Alcohol Treatment/Assessment
    • Possible Ignition Interlock Device Requirement

Connecticut:

  • First Offense
    • 1 Year License Suspension
    • Mandatory Alcohol Education
    • Mandatory Alcohol Treatment/Assessment
    • No Ignition Interlock Device Requirement
  • Second Offense
    • 3 Year License Suspension
    • Mandatory Alcohol Education
    • Mandatory Alcohol Treatment/Assessment
    • Possible Ignition Interlock Device Requirement

Georgia:

  • First Offense
    • 1 Year License Suspension
    • Mandatory Alcohol Education
    • Mandatory Alcohol Treatment/Assessment
    • No Ignition Interlock Device Requirement
  • Second Offense
    • 3 Year License Suspension
    • Mandatory Alcohol Education
    • Mandatory Alcohol Treatment/Assessment
    • Possible Ignition Interlock Device Requirement

Indiana:

  • First Offense
    • 180 Day License Suspension
    • Possible Vehicle Confiscation
    • Possible Ignition Interlock Device Requirement
  • Second Offense
    • 180 Day License Suspension
    • Possible Vehicle Confiscation
    • Possible Ignition Interlock Device Requirement

Kansas:

  • First Offense
    • 30 Day License Suspension
    • Either Mandatory Alcohol Education or Mandatory Alcohol Treatment/Assessment (Not Both)
    • No Ignition Interlock Device Requirement
  • Second Offense
    • 1 Year License Suspension
    • Either Mandatory Alcohol Education or Mandatory Alcohol Treatment/Assessment (Not Both)
    • Possible Ignition Interlock Device Requirement

Louisiana:

  • First Offense
    • 90 Day License Suspension
    • Mandatory Alcohol Treatment/Assessment
    • No Ignition Interlock Device Requirement
  • Second Offense
    • 1 Year License Suspension
    • Mandatory Alcohol Treatment/Assessment
    • Possible Ignition Interlock Device Requirement

New York:

  • First Offense
    • 90 Day License Suspension
    • Mandatory Alcohol Education
    • Mandatory Alcohol Treatment/Assessment
    • Possible Ignition Interlock Device Requirement
  • Second Offense
    • 6 Month License Suspension
    • Mandatory Alcohol Education
    • Mandatory Alcohol Treatment/Assessment
    • Possible Vehicle Confiscation
    • Possible Ignition Interlock Device Requirement

Why Hiring an Attorney is Important

As you can see, the consequences for second time offenders of DUI or DWI are very serious and can have a significant impact on your financial and personal life. Because the penalties are so high, it is important to retain the assistance of an experienced DUI lawyer in the state in which the arrest and case are taking place. This legal professional will have extensive knowledge of the DUI laws in that state and will be able to easily and effectively evaluate your case and build a strong defense for you.

DUI attorneys work for their clients to help build a case that will provide the best possible outcome for their future. This could mean having their charges reduced to something less serious, arranging a plea bargain with the prosecutor for lesser penalties, or possibly having the charges dismissed completely. While hiring a good attorney can be expensive, it is important to keep in mind that having a sound legal defense, although costly, may be worth it to avoid time in jail, high fines, and long license suspensions.

Choosing the Right Attorney to Represent You

Just like many things in life, not all attorneys are created equal. In order to have the best possible outcome for your second DUI case, it is important to choose an attorney who has the knowledge and experience to try your case to the best of their abilities. When looking into DUI/DWI lawyers, make sure to interview different attorneys to find the one who is the best fit for your unique circumstances – you should never hire the first attorney in the phone book who claims to know DUI law.

When considering different DUI attorneys, here are some questions you can ask to learn more about them and their background:

  • How long have you been practicing law?
  • How long have you been specializing in DUI/DWI cases?
  • How many clients have you helped with DUI/DWI cases?
  • How many cases/how often do you take DUI/DWI cases to trial?
  • How familiar are you with the DUI laws in this state/state where arrest/conviction took place?
  • What is your initial assessment of my case?
  • Would you recommend I plead guilty? Why?
  • Would you recommend a plea deal? Why?
  • Are you available to represent me for this case?
  • Who will help you work on my case?

These questions will help you learn more about the background of the attorney, what their experience is, and what their immediate views of your case are. It is important to ask the same questions to all the attorneys you interview in order to have a level playing field when comparing them against one another.

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1 thought on “What to Do After a Second DUI Arrest

  1. I submitted a lengthy request today, August 19th, 2017 concerning my recent sentencing for a second OVI. In retrospect, I should have hired an attorney and utilized the public defender. I am suffering financially and emotionally. I cannot gain employment without a valid driver’s license. My clinically diagnosed depression has became difficult to stabilize and my faith in the justice system has all but evaporated.

    I received a text after I submitted the DUI report that my submission was received today.

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