A DUI offense can have serious consequences like suspension of a license. These consequences are even more severe if you are charged with a second offense. That is why it is important to work with a seasoned DUI attorney. An experienced legal advocate could examine the facts of your case and determine which defense strategies might work best for you. Consult a skilled Fredericksburg second offense DUI lawyer that could pursue the best possible outcome for you.
A second offense DUI, which is a misdemeanor, is heard in the general district court for the majority of the time. If there are other things involved bumping it up to a felony offense it will still be heard in the general district court. Depending on the time range between the second DUI and the first DUI, there are some additional penalties and mandatory minimums involved. Two popular categories are the second DUI in five years and the other is a second DUI in 10 years, and each category carries its own penalties and minimums.
The prosecution has to prove that the defendant was convicted of a first offense DUI that qualifies, e.g., that the defendant was convicted and only the convictions where they were properly counseled apply.
Usually, what they have to do in order to show that is through a certified copy of the defendant’s conviction which they have to get from the court in which they were convicted in Virginia. Sometimes they can use the defendant’s DMV (Department of Motor Vehicle) record to show a prima facie case and give an initial showing that the individual had this DUI.
Unless a person’s Fredericksburg second offense DUI lawyer is able to find errors in the individual’s DMV record (which is pretty common), the record will stand. There are consistent errors in the DMV and if an attorney is able to find one of those errors, they can use it to discredit the DMV record. A certified copy of the conviction is necessary in order to prove their first DUI.
If the first conviction was not in Virginia, then it may not be a qualifying conviction. Sometimes the statutes in the other states are written differently than the Virginia DUI or DWI statute and if the statute is written in a way that encompasses other things that are not illegal in the State of Virginia, under the Virginia Statute, e.g., if an individual is riding a snowmobile or something like that, that could convict them of a DUI. That is just the case in Virginia.
If an individual is convicted under a statute that potentially includes a conviction for riding on a snowmobile, then they cannot use that as a first offense DUI because they have no way to show that the individual was convicted for riding on a snowmobile under the influence. It sounds silly but it is true. There have been similar cases like that found in other states where their statute just does not apply.
An individual cannot apply for a restricted license after being charged with a second offense DUI during the 60-day administrative suspension and they cannot apply for a restricted license during the pending of their charge. However, an individual could have their second offense DUI lawyer in Fredericksburg challenge it, in an attempt to get a restricted license. Upon conviction for a second DUI offense (for the purpose of example, a second DUI in five years) they are going to lose their driver’s license for three years and cannot even apply for a restricted license until after the first year is done.
When defending a second offense DUI charge, an experienced Fredericksburg second offense DUI lawyer could use the same argument as they would in a first offense DUI case. If there is a situation concerning probable cause arguments or the reasonable suspicion argument or whether the officer administered the field sobriety test correctly, all these arguments are all still going to apply when building a defense.
If you have been charged with a DUI for the second time, speak with a distinguished DUI attorney that could help. A skilled Fredericksburg second offense DUI lawyer could devote the time and resources necessary to build a solid defense for you. Contact an experienced legal advocate today, and know that you are in capable hands.