A second arrest for driving under the influence (DUI) is a far more serious offense than the first. Your chances of having the offense reduced to a lesser one or dismissed are greatly diminished each time you are arrested again for a DUI. If this is your second arrest, here are some ways you can possibly help your case and avoid a harsh punishment.
It is important that you take action as soon as you are released from jail. If you proactively approach the problem, the court might view your case more favorably and give you another chance.
One way you can prove you are serious about making a change is to attend alcohol addiction counseling. Your DUI attorney can use your willingness to admit you have a problem and seek treatment to make the case for why you should receive a lighter punishment. If you choose to wait until the court or prosecutor recommends it, though, you could lose your legal advantage.
While in counseling, work with your attorney and counselor to create a plan for dealing with your alcohol addiction. If you are able to present a plan that seems reasonable and can give the court reassurance that you are actively working to avoid the same situation in the future, you might get leniency.
Obtain a Hardship License
Since this is your second DUI, it is very likely that your driver's license will be suspended. How long depends on the state in which you live. For instance, in New Hampshire, you can lose your license for three years. By contrast, in Arizona, the suspension only lasts 90 days.
Regardless of how long your license is suspended, you need to avoid driving without legal permission to do so. You can apply for a hardship license. The license will allow you to drive back and forth to work and to any other places approved by your state's Department of Motor Vehicles.
It is important to note that if you fail to obtain a hardship license and are caught driving illegally, the judge could view this as a disregard for the law. As such, he or she could sentence you to a harsher punishment. You could even end up losing your license for a longer period of time.
A DUI attorney can help you formulate other strategies to use in your case. Consult with an attorney immediately after arrest to avoid making mistakes that could hurt your case.
When I was younger, I had a hard time following the rules. I got in with a bad group of friends, and I found myself in juvenile detention more than a few times. When I was sixteen, a teacher sat me down and explained where my life was leading. That teacher was the first person that believed in me, and I decided not to let him down. That day, I decided to change my life, and I did. Because of his sound advice, I was able to finish high school, get into a great college, and become a criminal attorney. I understand the uphill battle that troubled youth face, and I want to use this website to teach other people what they need to do to turn things around.