DUI Second Offense

Like a first DUI offense, a second offense DUI charge is classified as a misdemeanor. If convicted of a second offense within seven years of your prior DUI, the judge can sentence you to anywhere from five days to one year in jail, depending on the circumstances of the case. In addition, you may be ordered to pay large fines and court costs, perform 30 to 90 days of community service, and attend alcohol education classes. Most judges consider the first five days to be mandatory, so if this is your second DUI, and you are convicted, you should plan on spending at least a short period of time behind bars.

A second-offense DUI in Michigan carries harsh penalties that can significantly impact your life. If convicted, you may face jail time, heavy fines, and loss of driving privileges for a year. The court may also require you to complete days of community service, typically ranging from 30 to 90 days.

You might also need an ignition interlock device. This prevents a vehicle from starting if alcohol is detected on your breath. Other consequences can include probation, mandatory alcohol education programs, and vehicle immobilization. With so much at stake, having experienced defense attorneys on your side is essential to fight the charges and limit the penalties you face.

Many people find that the hardest part of a second drunk driving offense is dealing with the license consequences. A second conviction within 7 years of your prior will result in a hard one-year revocation, which means you are ineligible for a limited work permit and cannot drive lawfully at all. This means that long after you are released from jail you'll still be dealing with a revoked license.

The license is not automatically returned to you either. In fact, there is a distinct possibility that you will not get your license back after the revocation period. In order to earn back your driving privilege, you must request a hearing. At this hearing it is up to you to prove, by clear and convincing evidence, a very high standard, that your substance use issue is under control, will stay that way if you get your license back, and despite your record, that you are at low or minimal risk for repeat behavior. If you fail to meet this burden of proof then you must wait another year before requesting another hearing. In addition to license revocation by the Secretary of State, the judge will also order you to have your vehicle immobilized.

As part of the terms of your license restoration for a second offense, you will be required to have an breath alcohol ignition interlock device (BAIID) installed in your vehicle once your revocation period is over. This BAIID must stay on your car for at least one year. Like a breathalyzer test, the BAIID measures the alcohol in your breath before your vehicle can start. You will also be tested periodically while you are driving. If your blood alcohol content is over the preset limit, you cannot start your car and your violation will be reported to the probation office. If you test positive while driving the car will be immobilized and you will be forced to stop driving. Either way, even one such event is likely to result in your license be re-revoked.

If you are an underage driver who is convicted of a second Zero Tolerance law offense, you could be sentenced to stiff fines, up to 60 days of community service and up to 90 days of incarceration.

Potential collateral consequences of a second offense include increased insurance premiums or the cancellation of your policy altogether. The same may happen to your health and life insurance policies, as you would fall into a high-risk category. A second conviction can also trigger the Interstate Compact provisions, leaving you unable to move to a new state while on probation.

You don't have to accept your fate if you're facing a second DUI offense. You can fight the charges in court to reduce the potential consequences or avoid being convicted completely. Hiring legal representation allows you to have a strong defense strategy if you want to challenge the charges.

It's possible to negotiate before your case goes to court. Drunk driving defense lawyers may help you get the charges dropped or reduced to an offense with less severe consequences. Even if your case ends up in court, having a strong defense strategy in place could result in a not guilty verdict.

Another possibility for a second DUI in Michigan is going through the Sobriety Court program. This option incorporates treatment and counseling that helps you quit drinking to avoid future recurrences. If you participate, you might receive a restricted license instead of facing the mandatory license suspension periods. You have to apply to the program and be accepted.

At Barone Defense Firm, we look at the details of your case to build your defense. We're experts at challenging common flaws by law enforcement, such as improperly conducted field sobriety tests, lab errors resulting in inaccurate blood test results, and inaccuracies in breath tests. Several mistakes in the process, including improper calibration of equipment, sample mix-ups, and not having probable cause to pull you over, could be used to fight your charges.

Facing a second drunk driving charge can feel overwhelming, especially if you understand the potential jail time and license suspension periods that are common in Michigan. It's important to cooperate with law enforcement during your arrest. Exercising your right to remain silent is critical for building your defense and avoiding self-incrimination.

Reach out to drunk driving defense lawyers immediately to start working on your case. Having legal representation from the beginning could help you avoid mistakes that hurt your case. Your attorney can begin immediately collecting evidence and any documentation that's available from the arrest. This helps them craft a defense and spot potential mistakes made by the police that could help you get the charges dropped or reduced.

If you've been arrested for a second-offense DUI, you have to act quickly to protect your rights. At the Barone Defense Firm, our defense attorneys have extensive experience handling repeat DUI cases and understand the complexities of Michigan’s legal system. We work diligently to challenge the prosecution’s evidence, identify any legal weaknesses in your case, and advocate for alternatives to jail time, such as rehabilitation programs or reduced sentences.

Our team is committed to building the strongest possible defense to help you avoid severe consequences, such as loss of driving privileges and extended probation. We take a strategic approach to each case, ensuring you receive the personalized representation you deserve.

Barone Defense Firm has been helping clients facing DUI charges for over 30 years. Our highly experienced drunk driving defense lawyers understand the intricacies of the law and look at every detail of your case to develop the best plan to fight your drunk driving charge. Having one of our lawyers by your side throughout the process can give you peace of mind, legal expertise, and a strong defense.

We help clients throughout Michigan in all major cities, including Rochester, Grand Rapids, Troy, Holland, Birmingham, Grand Haven, Plymouth, Hudsonville, Royal Oak, Bloomfield Hills, Novi, Ann Arbor, and Farmington Hills. With our help, you can get the best possible outcome for your second DUI offense. Call us today to schedule your free consultation.