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Brunswick County Second Offense DUI Lawyer

Second Offense DUI charges in Brunswick can have damaging repercussions. Because it is the individual’s second offense, the court system is less likely to be lenient with the defendant and may push for stricter penalties. Having an experienced DUI attorney on your side is one way you can try and mitigate the potential penalties you face with a second DUI charge.

How Prosecutors Handle Second Offense Charges

Second offense DUI charges in Brunswick are taken more seriously by the prosecutors. At that point, they begin to worry that this is a pattern of behavior and they have an alcoholic on their hands which is inherently more dangerous than someone who made one mistake. They start to worry that this is someone who is drinking all the time and cannot stop themselves from driving as well.

Repeat Offender Penalties

For second offense DUI charges in Brunswick, prosecutors look for some period of active incarceration. The length of time varies based on a person’s circumstances such as their health, previous record, employment, and whether they are supporting other family members.

At that point, they are looking for active incarceration. The minimum fine, if the offense was committed within five years of the DUI, is $500. The person is sentenced to at least a weekend in jail.

Just like the DUI first, there are enhancements relating to higher BACs that translate to mandatory jail time. The suspension also goes up to three years as opposed to a first DUI conviction where it is one year.

Does the amount of time between DUIs matter?

The amount of time that passed between a first DUI and a second DUI affects the punishment. The more time between the offenses, the better. If the second DUI was committed within five years, an individual can be confined to jail for 20 days to one year.

If the first DUI was committed within the last five to ten years before the second offense, confinement in jail is one to 10 days up to one year. The license revocation remains the same; three years whether the DUI was committed within five years before or five to ten years before. The person has mandatory time that is enhanced by higher BACs.

Court Treatment

When someone receives second offense DUI charges in Brunswick, the court may wonder at that point if the driver is an alcoholic.

They may be concerned that if the individual is caught twice, the odds are that they have driven a number of times without getting caught. The courts take a second DUI more seriously than a first DUI.

With a second DUI, jail time is imposed in Brunswick where all of the jail time is suspended and the individual might receive triple the length of the suspension of license or revocation of license. Second offense DUI charges are heard in the Brunswick County General District Court.

Building a Defense

The process for building a defense for a second offense DUI charge in Brunswick is similar to the process for a DUI first. The evidence is the same.

The police have the same burden to prove beyond a reasonable doubt that the individual was driving under the influence. The penalty is the only thing that changes for subsequent DUIs, but the evidence of burden is the same.

The lawyer determines whether the person was advised of their rights and whether they refused the PBT on the side of the road. They lawyer looks at whether the law enforcement officer properly advised their client about everything they were and were not required to do.

The lawyer will investigate whether the law enforcement officer gave fair and accurate instructions for field sobriety tests and whether the person running the Intoxilyzer was certified to do so.

The DUI lawyer evaluates the evidence in the same way as a DUI first; but thinks more broadly about the potential penalties for a second or subsequent offense.

Driver’s License Penalties

The administrative suspension of the driver’s license is 30 days as opposed to seven days with a DUI first. If they are convicted, the suspension is three years as opposed to one year with a DUI first and the eligibility timeline for a restricted license change.

For a second offense, an individual can get a restricted driver’s license but not on the day of conviction as with a DUI first.

If this is a second DUI and is within 10 years of the first, the person must wait four months to apply for a restricted license.

If this is a second DUI and is within five years of the first conviction, the person must wait one year before petitioning the court of conviction or any Virginia circuit court if the individual is not a Virginia resident.

If the person is acquitted of a DUI, they should already have their license back with the trial date timeline.

Benefits of a Lawyer

Because the DUI is a second offense, prosecutors typically approach these cases more forcefully than they would a first offense.

You deserve an attorney that will be equally aggressive when defending you. If you face second offense DUI charges in Brunswick, reach out to an experienced DUI lawyer who can help you build your case.

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