Alpharetta Second-Offense DUI Lawyer
Second-offense DUI cases tend to be tried much harder in court in comparison to a first-time DUI offense. Not only could it be more challenging to build a defense against a second DUI, but the penalties would also be more severe. Considering the court’s attitude towards prosecuting a second DUI, you may want to contact a skilled attorney for help. An Alpharetta second-offense DUI lawyer could help you build a convincing defense to mitigate the charges made against you.
Prosecuting a Second-Time DUI
Second-offense DUI charges are prosecuted more vigorously than first-offense charges in ways such as more jail time, more community service, longer suspension of a driver’s license, and more closely monitored probation with more frequent alcohol and drugs screens. Any alcohol and drug evaluation is likely to come back with additional counseling necessary to prevent the person from reoffending. For more information, contact an Alpharetta second-offense DUI lawyer today.
Penalties for a Second DUI in Alpharetta
The penalties for second-offense DUI in Alpharetta are a minimum of $600 fine, minimum of 72 hours in jail, minimum of 240 hours of community service, 12 months on probation, random screens for alcohol and drugs, DUI school, and an alcohol evaluation with a minimum of a 17-week outpatient treatment program. The penalties are automatically more serious for a second-time offense.
Difference Between a First and Second-Time DUI
Defending a second-offense DUI is different from a first-time DUI because if there was a prior offense, the state would file a Similar Transactions motion. This means that the prosecutor wants to bring in the evidence, not just in sentencing, but in the trial of the case itself. This suggests to the jury that because the defendant had a prior DUI arrest conviction that they are more likely to have committed the offense in the present case.
Implications Regarding Driving Privileges
In a second-offense DUI charge, there would be an administrative action against the defendant’s license, similar to that of a first offense. If the license is suspended, the suspension period goes from one year to three years. There is a much longer waiting period in order to get the limited permit, and there is also the requirement that the driver installs an ignition interlock device on their car once they serve their license suspension.
Challenging a Suspension of License
There is no difference in challenging the suspension of a license after second-time DUI charges. The defense is the same. The court would review the evidence to determine if the prosecution has an approvable DUI case, if the implied consent warning was properly read to the driver, and whether the test is admissible not just at the trial but also at the administrative license suspension hearing.
Drivers cannot apply for a restricted license after being charged with the second offense in Alpharetta if the suspension is upheld. If the suspension is upheld by a judge in the administrative action against the license, there is no limited permit.
Benefits of Hiring an Alpharetta Second-Offense DUI Attorney
An experienced attorney could help you build a defense for second-offense DUI charges by reviewing the evidence to verify if you were stopped and arrested lawfully, whether the field sobriety test was administered and scored properly, and whether you were properly read the implied consent warning regarding taking the blood, breath, or urine test. An Alpharetta second-offense DUI lawyer could also review the results of that test to determine if it is admissible and accurate, or if there are any ways to challenge a blood or breath test. Call today to learn more.