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Fredericksburg Second Offense DUI Lawyer

The gravity of a DUI charge coupled with the existence of a previous DUI offense, can add to the severity of the prosecution. If you have been charged with a second offense DUI in Fredericksburg, you will need an aggressive defense.

The main difference between a first offense and a second offense is that there is an additional element of the government’s proof in a second DUI offense. That element is that there was a conviction of a first DUI offense either in a Virginia court or under a law of another state, but it is substantially similar to the law of Virginia.

This is an area where a DUI attorney can make a difference, because not every DUI law is the same. If you are facing a second offense DUI, contact a skilled DUI defense attorney.

Penalties for Second Offense DUIs

There are a number of potential penalties for those charged with a second offense DUI in Fredericksburg, including:

  • Minimum jail sentence of 10 days, with the possibility of greater amounts of mandatory jail time, based on blood alcohol content levels
  • Minimum fine of $500
  • VASAP classes
  • Three-year loss of license

In the case of a second DUI within 10 years, four months of that license suspension is called the hard loss, meaning that the person cannot get a restricted license for the first four months. If it is a second DUI offense within five years, the person will not be able to get a restricted license for the entire first year of the suspension.

Building a Defense

When building a defense, typically Fredericksburg second-offense DUI attorneys are going to be challenging the government’s evidence and looking for violations of a person’s constitutional rights. In terms of challenging the evidence of the government, lawyers are looking for any way that they can undermine the proof that the government needs to bring forward to secure a conviction.

This can be anything from challenging whether the person was actually operating the motor vehicle to whether there is sufficient evidence of intoxication. In addition, lawyers are looking for any violations of a person’s civil rights or constitutional rights, including whether there was an illegal detention, an illegal arrest, and an illegal search. If any of these things are true, it can allow lawyers to suppress evidence which can keep certain things out at trial. The result of that in many cases is either a reduction of the charge or a dismissal of the charge.

Probation Options

There are no diversion programs or probation options for second offense DUIs in Fredericksburg, in lieu of conviction. If the person is convicted, they will find themselves on probation with the VASAP office until they can complete the requirements set forth by the judge. The person will also find themselves under a suspended sentence for a significant period of time. It is not possible to avoid DUI charges by being on probation or having some diversion or another alternative in Virginia.

Contacting a DUI Lawyer

Second offense DUI charges are misdemeanors and all charges which are given to adults, unless the victim is a family member, are going to be heard in the Fredericksburg General District Court. If you are facing second offense DUI charges in Fredericksburg, it is of the utmost importance that you find an experienced Fredericksburg DUI attorney right away.

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