Second Offense DUI Attorney in Dover, DE Creating a Better Outcome for your Second DUI Case
Just one DUI can change your life—and a second offense is one offense away from a felony conviction. The law isn’t lenient with driving under the influence charges, especially if you continue making the same mistake repeatedly.
Driving under the influence is responsible for countless injuries and deaths that could have been prevented, which is why DUIs are criminal offenses—and the penalties are tricky. According to ohs.delaware.gov.
- An estimated 7,200 car crashes involved alcohol in Delaware, according to drunk-driving.com.
- In 2018, more than 4,000 people were arrested for a DUI in Delaware
- First-time offenders accounted for 88 percent of all DUI arrests last year
You should consult our DUI attorneys to consider your options if facing a second DUI offense. Legal representation affords you a possible second chance with lesser penalties or no charges at all.
The alternative is facing the maximum sentence and putting your life on hold, including your job, home, family, and more, while you serve time. Contact our law firm today and get the help you need: (302) 678-8700.
What are the Charges for a Second DUI Offense?
Suppose you are caught behind the wheel of a car or intend to operate a vehicle with a blood alcohol content (BAC) level of .08 percent or higher. In that case, you could be arrested for driving under the influence if caught by a police officer.
A second DUI offense in Delaware is a misdemeanor charge when you have one prior DUI conviction within the last ten years.
If you are arrested and convicted of driving under the influence a second time, you will face a fine of up to $2,500, up to 18 months in prison, and a license suspension based on your blood alcohol content (BAC) level.
If a chemical test returns and shows a BAC of .15 to .20, you could lose your license for up to two years.
A second DUI offense can leave a mark on your record forever and alter the course of your life. Contact our DUI attorneys to review your second DUI charge. Call: (302) 678-8700.
In What Way is a Second DUI Different?
The process of a DUI conviction is similar to the first offense, though a second DUI offense has more weight in terms of fines and jail time. As you repeat the same error, you can expect the judge and prosecutor to consider this factor when sentencing you.
There are added complications when you have a previous drunk driving conviction. For starters, you can no longer take advantage of the First Offender Program (FOP)—the probationary program the State offers in exchange for jail time.
Criminal sanctions for a second drunk driving offense could result in mandatory jail time of at least 60 days, loss of driving privileges, and possible alcohol and drug counseling. Another aspect of a second DUI offense is your BAC and whether you injured or killed another person.
With the judge could sentence you to prison time, depending on the severity of your offense.
Can I Refuse a Sobriety Test?
If you get pulled over for driving under the influence, police officers cannot demand that you submit to a field sobriety test. Therefore, it is not illegal in Delaware to refuse a sobriety test, nor is it an admission of guilt.
You have the right to politely decline, though law enforcement can immediately revoke your license. Your driving privileges could be suspended for up to a year. This is some of the primary evidence law enforcement brings to the prosecution to use against you in a DUI conviction.
Refusing to take a field sobriety test can also lead to law enforcement obtaining a warrant and drawing your blood for a blood alcohol test. It’s important to note that blood tests can be much more conclusive and indefensible than a sobriety test, so use caution if invoking your right to refuse a breathalyzer.
The circumstances of your case matter, and our law firm can review the details of your situation and provide sound legal guidance and support to move you forward in the right direction.
How Can a Second Offense DUI Lawyer Preserve My Rights?
Understanding your charges and rights in a second DUI offense is important. Law enforcement must always follow proper protocol in a DUI arrest. Because you have been charged with a second DUI offense does not mean you should accept a plea bargain or assume guilt before being properly convicted.
When you hire an experienced DUI attorney, you increase your chances of success—whether it be a lesser sentence, reduced charges or penalties, or no sentence. With thorough detail, we examine your case and search for any gaps or opportunities to build a defense against the prosecution’s case. With our years of experience, we understand which defenses work for what situations. Every decision we make during your case will be backed up by years of hands-on experience defending others in your position.
Clients call on our DUI defense team for challenging DUI cases in Delaware, from first to fourth offenses. Through trials and hands-on opportunities, we’ve witnessed a variety of DUI offenses and scenarios, so we know exactly what you’re up against and what we need to do to get results.
Start with an initial consultation to learn more about Delaware DUI Defender and how our valuable legal counsel and guidance are what you need in a tough situation. Contact us today: (302) 678-8700.