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Any time you are convicted of driving under the influence (DUI), the state maintains a record of that conviction. If you are convicted of DUI again within a few years, the penalties you face could be significant.
When facing a second-offense DUI in Tolleson, discussing your options with legal counsel is vital. A seasoned lawyer at Grand Canyon Law Group can tailor a defense strategy to your circumstances and work tirelessly to preserve your future.
When a person is convicted of a second-offense DUI, they can expect to face steeper penalties. However, determining whether an arrest is someone’s second offense under the law can be more complicated than it may seem.
To count as a second offense, a person charged with DUI must have one prior conviction on their record in the previous seven years. Misdemeanor convictions that occurred outside of these seven years are not counted. It is worth noting that prior felony convictions are treated differently.
Anyone convicted of a second-offense drunk driving charge should contact a Tolleson attorney to defend against significant criminal and administrative consequences. Criminal penalties include incarceration and fines upon conviction. Administrative penalties can be handed down even while the underlying criminal case is still ongoing. A dedicated attorney at our firm could fight back against both types of penalties.
The criminal penalties associated with this offense can vary. As a baseline, a person found guilty of their second drunk-driving offense could face a minimum 90-day jail term. This sentence could be shortened to 30 days by completing a drug or alcohol abuse course.
However, these penalties become more severe in “extreme” DUI cases. This usually involves an impaired driver with a blood alcohol concentration (BAC) of .15 to .2. A person with a BAC in this range could face a minimum of 120 days in jail, with 90 served consecutively. The consequences for drivers with a BAC higher than .2 are even greater. On top of the risk of incarceration, a person could also expect to pay thousands of dollars in fines.
On top of criminal penalties, a second arrest for DUI comes with administrative consequences. These consequences are not handled directly in the criminal case. Administrative license suspensions can even go into effect before the criminal charge is resolved.
An attorney experienced in handling second-offense DUIs can help fight back against the administrative suspension of driving privileges. Often, the defense strategy used in the administrative hearing provides for a test run for the criminal trial. These administrative hearings are also helpful in determining the evidence the state plans to rely on.
While you should always take a DUI arrest seriously, second offenses are especially significant. The law treats repeat offenders harshly—there is a good chance that a conviction could result in time behind bars.
Discuss the best strategy for approaching a second-offense DUI in Tolleson with a knowledgeable attorney. The legal team at Grand Canyon Law Group is made up of former prosecutors who know how to defend people in your situation. Reach out to our firm as soon as possible for your private consultation.