3 FAQs about a second DUI

On Behalf of | Apr 11, 2023 | Criminal Defense |

While a night out on the town with friends creates lasting memories, sometimes poor decisions create unwelcome and costly ones.

Although the state has seen a dip in drunk-driving arrests, mistakes still happen. If you already have a DUI conviction on your record, you face more severe consequences.

1. Does my blood alcohol level make a difference?

While a first offense may come with less severe penalties if barely over the .08% limit, a second does not. If you test over the legal limit and your first offense happened within the past 10 years, you will get charged for a second offense. If it has been more than 10 years, the courts will deem it a first-time offense.

2. What penalties do I face?

When faced with a second charge, you can expect harsher penalties regarding both your time and money. A conviction often comes with up to 90 days in jail, a potential $1,00 fine and mandatory community service. Additionally, you may lose your license for up to two years and have to install an ignition interlock device. Along with the fine, the state will require you to pay other surcharges. These include paying the state $3,000 over three years and contributing to alcohol-related educational funds.

3. Can I file for post-conviction relief?

Every case has unique aspects. While not always an option, some situations may make you eligible for post-conviction relief. This requires thorough research on your case and filing a petition with the courts. If accepted, it may reduce your second offense to a first offense or even result in a dismissal.

A second DUI affects many aspects of your life, making it important to understand the charges and seek help.


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