2nd Offense DUI
The maximum punishment for a 2nd offense doubles from a first to a fine of $2,000 and a jail sentence of 2 years. This maximum penalty also includes a second offense for driving while impaired by a dangerous controlled substance. If the defendant’s first conviction was within 5 years of the current DUI, then the defendant may be subject to a minimum mandatory jail sentence of five days. There are two important things to remember about minimum jail sentences for multiple convictions; first, the judge may not waive or suspend any part of the 5 day minimum jail sentence, and secondly the 5 year clock starts ticking on the day of the first offense conviction, and not the day of the offense. For example, if a defendant was arrested for a first back in 2006 but not convicted until 2008, then the 5 day minimum mandatory sentence will still apply despite the fact that the first arrest occurred 6 years ago. A 2nd conviction within 5 years also requires that a defendant undergo a mandatory comprehensive alcohol abuse assessment, and court ordered follow up treatment certified by the DHMH. Just like the minimum mandatory jail sentence, the treatment requirement for a repeat offender cannot be waived.
A 2nd DUI may also have drastic impacts on a defendant ability to legally drive. Not only does a conviction carry 12 points, but also the MVA has the power to conduct a review of a defendant’s driving record and initiate revocation proceedings. Just because a person has been charged with this crime does not mean that person will definitely serve jail time, and it does not mean that a person will automatically lose his or her drivers license. But the stakes are higher a repeat offender case, and it is recommended that anyone facing this charge retain an experienced lawyer. The Herbst Firm knows the state laws, and will relentlessly fight to keep their clients out of jail, and legally on the road. Contact our criminal lawyers today for a free consultation and let us start planning your defense immediately.