The consequences of an initial DUI conviction can be serious. That is why it is likely no surprise that being convicted of a second DUI can significantly impact a person’s life. If you are facing charges for a second DUI in Fairfax, an experienced Fairfax second DUI lawyer could play an important role in working with you to defend against those charges.
While working with an experienced DUI attorney is crucial, it is equally as important to make sure that you understand the charges you are facing and what may be at stake for you.
Like most initial DUIs, a second DUI is generally considered to be a misdemeanor offense. As such, it will likely be heard in the Fairfax County General District Court. However, if an individual injured another while driving under the influence, they would be charged with a felony and their case would be heard in the Fairfax County Circuit Court.
The time between an individual’s first and second DUI offense it what affects the severity of their consequences.
If the initial offense has occurred in the last five years then a person can face a mandatory minimum of 20 days in jail in addition to a $500 fine. If the offense in question took place five to ten years ago, then a person will still be required to pay a mandatory $500 fine but may only face a mandatory minimum of ten days in jail.
The length of time since the last offense will also impact when a person would be eligible for a restricted license. If the initial offense was more than five years ago, an individual may be able to get a restricted license after four months of suspension.
However, if the initial offense was within the last five years, a defendant will not be eligible to request a restricted license for one year. If an individual needs help applying for a restricted license, they should contact a Fairfax second DUI lawyer immediately.
An experienced DUI lawyer understands that every person’s case is different. There is not a single approach to defending against second DUI charges. However, in all cases, evidence plays a significant role in building a strong defense. Evidence plays a significant role in building a strong defense.
An experienced Fairfax second DUI lawyer also knows that not every state has a DUI statute like Virginia, so prior convictions from other jurisdictions that may have otherwise counted toward establishing these charges may not be applicable.
Even as a defendant in a criminal trial for a second DUI offense, you have important rights that must be protected and asserted. Working with an experienced and understanding second DUI lawyer may be an important part of that.
All DUI charges can be intimidating, especially if you are facing a second offense. However, you do not have to face those charges alone. Contact a dedicated Fairfax second DUI lawyer to see how they can be a part of your defense strategy today.
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