A second-offense DUI is always a serious matter. While a first DUI conviction can come with severe consequences, a second conviction can bring even harsher penalties, including a multiple-month jail sentence, severe fines, and a loss of license for at least one year.
Talking with a lawyer is the first step in preventing a conviction for a second-offense DUI in Gilbert. The dedicated defense attorneys at Grand Canyon Law Group can explain how prosecutors must prove a prior offense, challenge the admissibility of evidence prior to trial, and work to preserve your best interests.
Prosecutors pursuing criminal charges must prove each element of a case beyond a reasonable doubt. In second-offense DUI cases, this includes showing that a person had a prior conviction on their criminal record.
More specifically, Arizona Revised Statute § 28-1381 says that the prior conviction must have occurred less than 84 months ago. However, this conviction may have occurred anywhere in the state or country. Challenging a prior conviction on a person’s criminal record is one way to contest a second-offense DUI.
All DUI cases are serious matters. However, a second-offense allegation comes with life-altering consequences, including the following:
These penalties will apply if a case ends with a conviction and a prosecutor can show that a defendant has a prior conviction on their record. Our seasoned Gilbert attorneys can provide more information about the possible penalties for a second DUI conviction.
The most direct way to contest a second-offense DUI is to challenge the arrest at the core of the case. Prosecutors seeking DUI convictions must show that a driver was under the influence of drugs or alcohol. In many cases, this means showing that a person’s blood alcohol level was at least .08 percent. Some cases will rely only on a police officer’s observations.
An experienced local attorney can build a defense tailored to the facts of a second-offense DUI case. This could involve cross-examining an officer on the stand to call their recollection of events into question or evaluating the reliability of tests that supposedly show a person’s level of intoxication.
It may also be possible to contest a charge on evidentiary grounds. Our diligent Gilbert lawyers can examine the legitimacy of records indicating a prior DUI conviction or challenge the police officer’s reasons for making a traffic stop.
Allegations related to repeat DUI offenses must be taken seriously. Convictions here will require you to spend at least 90 days in jail and lose your license for at least one year. It is crucially important that you act to protect yourself as soon as possible.
Contacting an attorney to handle your second-offense DUI in Gilbert may be your best option. The legal team at Grand Canyon Law Group can explain what a prosecutor needs to prove and work to create reasonable doubt in the case against you. Contact our firm now to make your appointment and get the representation you need.