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Across the country, each state makes its own laws for DUI convictions. Some states have more severe penalties than others, but there is one consistent factor: the more DUI convictions you have, the more severe penalties you will face. The penalties for second and subsequent DUI convictions can include higher fines, community service, an alcohol education/treatment course, a jail sentence, a longer license suspension/revocation period and the requirement to install an ignition interlock device in your vehicle. Let’s break down what happens if you’re convicted of a DUI and have already had one.
As with any repeat offender of a drinking and driving charge, the penalty fines associated with the DUI offense will increase with every conviction. Fines can sometimes be reduced or eliminated by serving additional community service. These costs are set by the state, so be sure to familiarize yourself with the fines in your area.
Community service is defined as time spent volunteering for a nonprofit organization or public service entity. As with your first DUI charge, community service hours can sometimes be used in lieu of additional fines or even jail time if requested by the defendant. The total number of hours ordered to serve will vary by case, state and judge.
The court may require that you participate in alcohol education classes or treatment programs, especially if this a second or subsequent DUI charge. The type of treatment will vary based on the circumstances of your arrest. If you are looking for alcohol education providers in your area, or if you have questions about treatment programs, DUI.org can provide you with the best alcohol treatment center options.
While a majority of second-time offenders do not serve a jail sentence, the number of offenders who served time in jail is higher than those who are first-time DUI offenders. Additional DUI charges will increase the chances and duration of any jail time. Most states carry a mandatory jail sentence after a third DUI conviction.
As with your first DUI, your driver’s license will most likely be suspended or revoked for a period of time. The length of suspension or revocation varies by state, and if the subsequent DUI conviction occurs within a set time period (e.g., within five or 10 years of your last DUI charge), you may face a much longer suspension.
An ignition interlock device is a small electronic device installed in your vehicle to prevent the vehicle’s engine from starting unless the driver passes a breathalyzer test. IIDs are relatively common and grant those who have a DUI charge access to transportation. If you’ve been convicted of a DUI in the past, you might have experience using one of these devices. If are charged with another DUI, you can expect to use an IID for a longer period of time than after your first conviction. If you are required to have an IID installed on your vehicle, DUI.org can answer your questions and help you locate the nearest certified installer.
Most drunk driving convictions are considered misdemeanors, but they can be a felony in certain situations: you have had multiple previous DUI convictions, your DUI causes injury or death, you’re charged with a DUI while your driver’s license is suspended or revoked or a minor was riding in the car at the time of your DUI. Every state has its own laws, so there could be different causes for felony charges depending on where you live. A felony charge means you will face more harsh penalties than a misdemeanor charge.
You will have to repeat many of the processes of your first arrest. A state prosecutor will file criminal charges and a court appearance will be required. The materials used from your first DUI court appearance, such as paperwork, alcohol evaluation information and proof of SR-22 insurance, will be needed. You will also need to come to court prepared with a stronger defense to minimize the chances of the more severe penalties such as jail time. If you did not hire a private attorney after your first DUI charge, it’s highly recommended that you do so for any subsequent drunk driving offenses. Private DUI attorneys specialize in DUI court cases and are very successful at mitigating potentially harsh penalties.
If you have any additional questions about the DUI court process, DUI.org experts are here to help! Call now to speak to get started.