Second DUI Arrest Rights – How to Challenge your 2nd DUI Arrest

Second DUI OffenseHaving one DUI on your record is bad enough. But when you get to your second DUI offense, that is considered a misdemeanor. As with the first DUI offense, every state varies. But most do consider the second DUI arrest an even bigger consequence. You need to know your DUI Rights, so you know what to expect. The first thing I will tell you is you need to relax and keep calm. Getting upset is not going to help your case at all. Because truth be told, it could be a misunderstanding. Sometimes the cops can pull a power trip on people, especially the younger ones. They look at your previous record and they figure they can nail you a second time, even if there is not validity to it. Yes, this is unfair, but it does happen. You need to be aware of this, so you won’t fly off the handle and get angry right away. This also another reason why you need to know your rights.

The second thing you need to understand is that you can win. Not every case is an automatic fail. There are those that have been, but your case is not like the others. Keep that in mind.

WHAT TO EXPECT WITH A 2ND DUI ARREST

Well in some states you will get both a fine and a jail sentence. The fine could be anywhere from a few hundred to several thousand dollars. The jail time, depending on the severity, could result in a few years. But again, you need to look at all of this as a worse-case scenario. If your case is headed to court, here are some steps you need to familiarize yourself with.

1) Check in with the probation department. They will get information from you on your criminal history.
2) Next you will be taken into the main session room where the arraignment will be held. Once your name is called you go up and the clerk will enter a plea in. Usually the plea is “not guilty”.
3) Usually you will be released and assigned a court date to show up. Sometimes the judge will require alcohol testing as you leave. You are expected to show up in court, unless there is a valid excuse not to. If this happens, the date will be re-assigned.

Hint: The only reason you would not be released right away after the arraignment is if they found something sketchy in your past. If this happens, further investigation would be required.

WHAT HAPPENS TO MY LICENSE WITH MY 2ND DUI ARREST

1) With the second DUI arrest usually the license gets suspended for three years. But that is only if you refuse to take an alcohol test.
2) If the reading on the test is .8 or higher, you will have a suspension for at least 30 days.

WHAT IF I WANT TO CHALLENGE THE SUSPENSION OF MY LICENSE

1) You have a maximum of 30 days to put in a request. That 30 days starts at the commencement of your second DUI arrest.
2) In cases like Massachusetts, they will not give hardship licenses for work and school, if the suspension is there. You will either get your license back or you won’t.
3) At the Department of Motor Vehicles, they will conduct a hearing. I’m sorry to say, but it’s a necessary part of the process. You either go through the hearing or you don’t get to challenge the suspension. It’s a simple as that.
4) If the hearing doesn’t happen, then you go to the District Court to request a reverse.

Now it’s important to note that you should not try to attempt this on your own, in fact, it’s kind of foolish. You will need a lawyer. This brings me to my final point.

THE LAWYER

In cases, like this you need a lawyer. But not just any lawyer. You need someone who is skilled in drunk driving defense. You also need someone who knows what he or she is doing. Before you decide on a lawyer, do some investigating first. Find out where they went to school and how long they trained. You also need to find out how many cases the person has one. This will give you an indication of what type of lawyer they are. Ask yourself what you want in a lawyer. Do you want a shark? Or a mister nice guy? Sometimes it’s best to have both worlds. That way you get an even scale.

But you need someone who is going to be with you throughout this who thing. When you come back for your first court appearance, the courts will expect you to have someone. Think about it this way, are you innocent or guilty? This is important. What if you really are innocent. But the cops are just trying to create an easy target out of you. This is exactly why you can’t do this alone. Going in it alone will only prove to be suicide. You don’t want that to happen. You need an attorney who offers everything you are looking for. So who can you go to.

DUI RIGHTS

We are the people you can trust when it comes to your DUI offenses, especially your second one. You need someone who is tough and strong, yet gentle enough to look out for you. We offer that to our clients in spades. All you do is fill out the Free DUI Arrest Evaluation Form. Once the form is filled out, we will match you with the right lawyer. Someone who matches your needs in every direction. Soon after he or she will be in contact. He or she will go over and evaluate everything about your case. It’s that simple. We know what to look for. We know how to handle the law. All of our lawyers have a proven track record, which is what you need.

Get Help Now by Filling out the Free DUI Arrest Evaluation Form!

1 thought on “Second DUI Arrest Rights – How to Challenge your 2nd 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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