An arrest and conviction for driving under the influence (DUI) is always a serious matter. While first-time offenders may experience some leniency in these cases, repeat offenders will certainly face steep penalties. A conviction for a second-offense DUI in Carrollton can lead to serious, life-changing consequences.
If you are facing your second DUI arrest, you have the right to prepare your defense. The prosecution has the burden of proving your guilt to secure a conviction, and the right defense strategy could help you beat these charges. The guidance of a seasoned DUI attorney could be crucial for achieving a fair outcome in your case.
The evidence the prosecution relies on in a second-offense DUI case is the same as with a first-time offender. The basic elements of a DUI offense do not change based on the number of prior convictions an accused individual has. Previous DUI convictions might result in steeper penalties, but the state has the same burden of proof when it comes to proving guilt or innocence with each offense.
The state can prove a second offense DUI in multiple ways. In traditional DUI charges involving alcohol, the state must be able to show the driver was operating their vehicle with a blood alcohol content (BAC) of .08 or greater. Alternatively, the state must be able to show that the driver was “under the influence” of drugs or alcohol. For example, the state could secure a conviction in cases where there is evidence of drugs in a driver’s bloodstream if the state can prove those drugs made the driver less safe in the operation of the vehicle.
Most DUI cases are based on a driver’s BAC test results, and the results from these blood, breath, or urine tests are often the strongest evidence available. When a driver refuses to submit to these tests, the state might have to rely on other evidence, such as field sobriety test results, admissions of drinking, or slurred speech, to get a conviction. A Carrollton attorney could provide more information about what evidence is required to charge someone with a second offense DUI.
Anyone in Carrollton who has been convicted of a DUI in the past 10 years can expect to face steeper penalties for a second offense. The maximum jail term for a second DUI conviction is the same–at most, a person convicted of this offense will serve 12 months in jail. Where these charges differ is the minimum penalty associated with a conviction. State law requires any person convicted of a second DUI offense to serve at least three days in jail.
Jail time is not the only penalty associated with a second DUI conviction. A second conviction for DUI within 10 years could mean having to pay a fine ranging from $600 to $1,000. Other penalties for a second conviction may include license plate surrender, drug or alcohol treatment, probation, and suspended driving privileges. Avoiding these consequences may be possible with the help of a dedicated defense attorney who understands how to present a compelling defense strategy.
Even with a prior conviction, you have the right to defend yourself against charges for a second offense DUI in Carrollton. The right defense strategy could be the difference between acquittal and conviction, making it imperative you exercise your right to hire skilled legal counsel. Call right away to discuss how our legal team could support you.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC
