The first DUI was probably a time-consuming, expensive and thought-provoking situation for the person who went through it. The second offense will likely be even more intense. How hoes a DUI defense attorney change the plan of attack in a second DUI offense compared to a first? What is the procedure like, and how is it different?
The Level of Aggression
There is a focused cultural effort to come down hard on those charged with a DUI. That may not be as strongly felt the first time around, but very few can escape it on the second time. The prosecution will pull at the emotional heartstrings of those impacted by the situation and use the second offense status to exemplify that point. The defense will be far more aggressive in making sure the law did everything by the book. The entire case will be amplified considerably because the stakes will be higher.
When the First Occurred
When the first DUI occurred is, by a purely legal status, a non-concern. In other words, whether the DUI happened last year or fifteen years ago, the stance remains the same. This is known as a prior, and there are not tiers for priors that are bracketed in five-year chunks. Anything after 15 years is not a prior. It is fair game if it is anytime before then.
But, that does not mean the courts will factor that in. If the first DUI offense happened many years ago, it will be a point that will be stressed. It is possible (though admittedly unlikely) that an actual second offense could be treated as a first if the first DUI was a long time ago. A lawyer may try to de-escalate the case to a misdemeanor, but there will still be an option to go through with a court trial.
A DUI defense attorney measures every angle and every potential scenario to make sure law enforcement personnel acted accordingly and the prosecution is not weak. Evidence needs to support every claim in detail. Visit Addairthurston.com for a more detailed analysis of a second DUI offense and contact the team for a consultation. You can also follow them on Twitter.