Conviction of a second offense within ten years of a DUI or DWI carries with it severe consequences. The Court may impose a maximum fine of up to $2,500, and a minimum fine of $500 has to be imposed. Likewise, there is a minimum jail sentence that must be imposed of one month and a maximum jail term of twelve months. If the second offense occurred within five years of the first offense, twenty (20) days of the sentence are a mandatory minimum that cannot be suspended by the court. If it has been more than five years but less than ten years, the mandatory minimum sentence that must be imposed is ten (10) days. Additionally, one’s driver’s license or privilege to drive (if an out of state driver) shall be suspended for a period of three years rather than the one year that is the case when convicted of a first offense. If the offense occurred within five years of the first offense, the court cannot grant a request for a restricted driver’s license until one full year has passed. If it has been more than five years but less than ten years since a first offense conviction, the court may grant a restricted driver’s license after a hard suspension of four full months.
A person who has been convicted of a second offense must have an ignition interlock installed on all vehicles registered in his or her name in order to obtain restricted driving privileges. This means that a married wife or husband who may have two or three vehicles (wife, husband and driving teenager) will need to install an ignition interlock device on each of the three vehicles. Ignition interlock devices must remain in place for a minimum of six months, and they could remain for the balance of the three year suspension in the discretion of the court after giving due consideration to ASAP’s recommendation. It is important to call an experienced DUI defense attorney to navigate this complicated area of law to best protect your family.
Clearly, one must explore all potential defenses to a conviction for a second offense of a DUI or DWI. The DUI defense attorneys at Boone Beale can help you find a defense! There are times when the Commonwealth cannot prove a valid first offense, especially when it occurred in another state or was prosecuted under a local ordinance of a town or county. The dedicated DUI defense lawyers at Boone Beale will leave no stone unturned in trying to avoid such a conviction.