Howard County Second Offense DUI Penalties

On a first offense DUI, without any serious, aggravating factors, there is a very strong possibility that with a proper effort put forward, a person can get a probation before judgment. On a second offense DUI in Howard County, it is not a question of if they are going to jail; it is a question of how much jail they are going to get, and that is the job to try to minimize the exposure completely or if it is possible of the jail, that is being faced because prosecutors and judges take these charges seriously. It can be helpful to consult an attorney if someone is facing Howard County second offense DUI penalties.

When someone is facing penalties for a second driving under the influence offense, it is essential that they speak with an experienced second offense DUI attorney. When you are building your defense case for a second offense driving while intoxicated charge, it can be beneficial to consult with a local attorney.

Penalties for a Second Offense

If a person got a probation before judgment on their first offense, then the penalties are not different but if they have a prior conviction and the prosecutor has sent what is called a subsequent offender notice in advance of trial which they almost always do, then instead of just facing 60 days for the DWI, it is one year and instead of a one-year DUI, the person is facing two years’ incarceration. The potential maximum Howard County second offense DUI penalties are far more significant. Additionally, if someone got a probation before judgment and it has been less than 10 years, they are not eligible to get another one. That is not to say that the judge will even give it to them but they are ineligible for one completely if it has been less than 10 years.

Probation

Probation is almost certainly going to happen on a second offense. Probation and incarceration are not mutually exclusive. If someone has a second offense DUI and the judge is going to send them to jail for a year and suspend all but 45 days. That means that the person will serve 45 days of incarceration. Once they are released, they will be on a period of probation and it could be up to three years long. If anywhere in that three-year time, the person screws up, gets a new charge, does not report in and is found and caught drinking alcohol, any violation, they can get the remaining one year which is hanging over their head that was suspended that they never had to serve. Both things can happen and usually do happen.

License Penalties

On a second offense, it depends on how old the first one was but there could be the option of losing the license or keeping it or having a restricted license but – and a lot of it depends on if they are eligible due to their history. If a DUI is within a very short period of time, then they are not eligible for certain things as if they had a DUI many years ago.

If a person is eligible, though, there could be an additional sanction. The suspension period could be longer which they are facing because there have a prior one. Again, it depends on the age of their prior history but they still have certain options that are available to them such as interlock being installed in their car or they can get a restricted license, but the durations and eligibilities may change because of the prior.

A person can seek a restricted license at a hearing from a judge after being charged with a second offense in Howard County. Depending on the nature of the prior, they may or may not be eligible for it.

A person cannot get their license back if they have been acquitted of the second offense DUI. The criminal case has nothing to do with the initial suspension a person faces. The initial suspension is triggered by a positive breath reading of 0.08 or higher or a refusal to submit to a test and it does not matter what happens in the criminal case or if they are acquitted because they still are subject to the sanctions for the breath test or refusing to blow, independent of the criminal case.

Benefits of an Attorney

Second offense driving under the influence has much harsher consequences compared to the first offense. It is critical that someone facing Howard County second offense DUI penalties has sound legal representation. The person is facing incarceration, but the time they spend in jail can be negotiated. A dedicated driving under the influence attorney understands the local policies and procedures can assist their client in building a strong defense case and negotiate for a favorable outcome.

If you are facing second offense DUI charges, it is imperative that you speak with your DUI attorney. The consequences can be much harsher for a second offense, so it is critical to start preparing for a hearing. Calling a skilled criminal lawyer can help you through this process.