There can sometimes be some leniency when it comes to a DUI charge, but that leniency usually goes away if there is a repeat violation, which is where an experienced DUI attorney can help. A driver who was arrested for drunk driving within a certain timeframe of a previous arrest will face harsher punishments. When this happens to you, it is wise to consult with a Florence second offense DUI lawyer.
Second Offenses Are Treated More Harshly Than the First
There will be an arraignment where the defendant is informed of what they are being charged with. They will also have a pre-trial conference. Prosecutors are very hard on second offense DUI charges because they now see the accused as a habitual offender. The license suspension is harsher, and there is mandatory jail time in Boone County, with no options for home incarceration.
As far as the mechanics of how they prosecute that case, it is done similarly to first offense DUI, except the penalties are more severe. Prosecutors are less likely to try to work out or resolve a second offense DUI case in a reduced plea.
Penalties for a Repeat DUI
There will be a $350 to $500 fine, a mandatory 12-month license suspension, and up to six months in jail. If it is an aggravated second offense, there is also a mandatory minimum of seven days in jail if this second offense occurs within six months of the first offense. If it is an aggravated DUI, there is a mandatory minimum of 14 days in jail if it is within six months of the first offense, and there will also be a license suspension.
If someone is convicted of a second offense DUI in Florence and they do not have an initial interlock license, they are not allowed to have a motor vehicle license in their name and would have to surrender their license plates to the County clerk.
How Does the Amount of Time Between DUIs Matter?
In Kentucky, there is a 10-year lookback period, which means if someone is convicted of a DUI within 10 years of the date they were previously arrested for DUI, it causes all the penalties to be enhanced. If it gets to be four DUI offenses within 10 years, a driver could be looking at a felony.
If the time in between DUIs is within a year of each other, then prosecutors can be a lot harsher on those cases and will probably request harsher penalties as opposed to a case where there are several years in between. If the gap is close to 10 years, a lawyer may be able to negotiate and allow the defendant to make a plea as if it were a first offense, but this is only an option in very specific circumstances.
Are There Diversion Programs or Probation Options for a Second Offense DUI?
There are no diversion programs or probation options for any DUI, including a second offense DUI, in Florence. If someone is convicted of a second offense DUI, they are required by law to serve at least seven days in jail, or 14 if it is an aggravated charge within six months of the first.
The judge or prosecutor may order a sentence of more than seven or 14 days, but the defendant must still serve the seven or 14 days and they may probate the remainder of the sentence.
Get Representation From a Florence Second-Offense DUI Attorney
Because they are misdemeanor offenses, a second-offense DUIs are heard in District Court at the Boone County Justice Center in Burlington, Kentucky. You should have a defense attorney at your side when you respond to the charges. Please call us and ask to speak with a Florence second offense DUI lawyer as soon as possible.