Rochester Second-Offense DUI Lawyer

While a second DUI offense is not a full felony, the consequences are far heavier than a first-time offense. A subsequent offense leaves you with a near certainty of serving jail time, having your license revoked for an entire year, and larger fines. Consulting a Rochester second-offense DUI lawyer when facing these charges could help mitigate the penalties or avoid conviction entirely. A DUI defense lawyer can investigate the facts of your case and may be able to cast your situation in a more favorable light before the prosecutor and judge deciding your fate.

Driving under the influence (DUI) or operating while intoxicated (OWI) refers to the same criminal offense according to Mich. Comp. Laws § 257.625(1) which defines an OWI as someone driving while under the influence of drugs or alcohol. OWI also occurs when people drive with a blood alcohol content (BAC) of .08 percent or higher, as measured by breath, blood, or urine tests.

In most cases, OWI charges result from a traffic stop because a police officer noticed signs of impairment or the drivers committed a traffic violation. Officers routinely conduct field sobriety tests and record their observations of driver conduct to support the administration of a BAC test. If the BAC test measures .08 percent or higher, regardless of any visible impairment, the driver may be charged with OWI.

Any DUI conviction can lead to harsh results whether individuals are facing a first, second, or subsequent DUI. However, the more DUI charges a driver has, the more severe the potential consequences become. Some common sanctions a defendant might face for a DUI conviction include:

• Incarceration and probation
• Fines and court costs
• License suspension and restricted driving privileges
• Required community service hours

Other costs of conviction of a DUI include increased insurance premiums and payment for completing an alcohol education course. Individuals convicted of an OWI in Rochester may also have to pay for the installation and monthly maintenance fees of blood alcohol ignition interlock devices (BAIID) in their vehicles if they have restrictions on their license. When facing a second-offense DUI, a lawyer could help protect defendants in court and fight to minimize any enhanced penalties.

Drivers convicted of their second charge in seven years should expect a minimum jail sentence of five days, up to a maximum sentence of one year. This is a significant increase over the maximum 93-day potential jail sentence for those convicted of a first OWI offense. The potential fines for a second OWI also may increase up to $1,000. A second offense conviction also requires a one-year license revocation without automatic reinstatement. The license revocation could increase to five years if individuals had a prior revocation within seven years.

In most cases, second offense DUI charges are misdemeanor charges although they may escalate to felony charges if some aggravating circumstances are present. Regardless, the consequences of a subsequent drunk driving charge could be permanent, so the assistance of a Rochester second offense DUI lawyer may be necessary.

To reduce your risk of serving substantial jail time and being subject to other unwanted consequences, seek out excellence in criminal defense and hire an experienced criminal defense attorney. Call today to schedule a consultation for your case.