While sometimes the court can produce leniency for a first time DUI charge, it becomes more difficult if there is a repeat charge within five years of the first. It is important to know what the consequences are. The Umansky Law Firm can provide a Winter Garden second offense DUI lawyer to take up your case and press for reduced or dismissed charges.
Prosecutors handle a second offense DUI the exact same way that they would handle a first time DUI. The difference is, diversion is most likely not going to be an option because that is a first-time offender opportunity, and the prosecutors must prove that there is a prior conviction in order to charge someone with a second DUI.
If someone’s first DUI was less than five years before being arrested for the second DUI, jailtime becomes mandatory under the statute. More often than not, if the person gets two DUIs within five years, then the prosecutors will push for jail, because it is mandatory under the law and because they want to prosecute second DUIs more vigorously. In addition to that, the fines will be higher, and they will be seeking to place a mandatory ignition interlock device on the car.
The penalties will depend on when the first DUI conviction took place. If it was within the last five years of the arrest on the second DUI, then the mandatory minimum jail is 10 days and the license suspension is five years. If the second DUI is outside of five years from the first, then the mandatory license suspension is only up to one year, and jail is no longer mandatory.
DUIs are referred to as an enhanceable offense, meaning each one is going to be prosecuted more vigorously, and the defendant faces harsher penalties than the last one. A lot of that has to do with the time in between having their DUIs. If someone had two DUIs in their 20s, and then they get another one in their 50s, they are most likely not going to be facing jail or any extensive license suspension other than the six to 12 months. However, if someone had two DUIs a few years ago, and then got another one, they could be looking at a felony, as opposed to a misdemeanor, which might include a lengthy license suspension and almost certainly jail time.
For most of the DUI charges that are worked out with the prosecutors, the judges do not have too much to say other than to accept the deal that the prosecutor and lawyer have worked out. But if someone in Winter Garden were to go to trial on a second DUI and be found guilty by a jury of their peers, they run a much higher risk of being sentenced to jail by the judge. Judges typically do not like to see people commit the same types of offenses over and over again, because that indicates to the court that that person did not learn the first time.
A lot of judges in the Winter Garden area are understanding in the sense that anybody can get a first time DUI, anybody can make that mistake, and it happens to a lot of really good people. But once they get a second DUI, the judges are more inclined to sentence people to jail.
A Winter Garden repeat DUI lawyer would look to see if the state can prove that there was a prior conviction. Do they have the court paperwork from when that person was convicted on their first DUI? Are they able to prove that they even have a prior DUI conviction?
Lawyers will look at the same evidence that is considered for a first time DUI, such as whether or not it was a good stop, if there are videos of the incident, weaknesses in the investigation, and the evidence that the state is required to show regarding the prior conviction.
The only difference would be looking at whether or not a state can prove that it is in fact their second DUI, meaning can they prove that prior conviction, and advising the defendant of the collateral consequences with the DMV. It is not just the court that addresses a second DUI, because the DMV is going to treat them as a second DUI offender as well.
In addition to the criminal consequences, there may also be DMV-related consequences that stem from a repeat DUI. Call our team to get representation. Your odds of success are better when you work with a Winter Garden second offense DUI lawyer.
The Umansky Law Firm Criminal Defense & Injury Attorneys