How Much Jail Time Can You Get For A 2nd DUI?

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For a first DUI offence, you are not likely to go to jail, whether or not you hire a DUI attorney. However, there are bigger ripple effects like license suspensions and/or restrictions. Thus, you will still need a DUI attorney after all to attack the case and perhaps save you from some restrictions.

In the US, a second DUI will carry a compulsory jail term. However, how long you serve can be determined by a few things. One of the most important determinants is how close to the first DUI the second DUI is. If it is very close, maybe a matter of a few months, you could get an additional jail term, which is to be served in addition to the mandatory jail time that every second DUI carries.

While jail term is improbable, the truth is that there is no standard one-size-fit-all case. The reason for this is that one judge can sentence a person to a longer jail time for a second DUI while another judge would send a person to do five days or less of jail time for the same.

In some 2nd DUI cases, the judge may decide to skip incarceration altogether. It has happened before, it can happen to you too, depending on the circumstances, and the judge.

When you are facing a second DUI offence, you can expect the following:

  • Jail time – mandatory in most cases
  • A fine accompanying the jail time. This fine will be higher than what you paid for first DUI
  • You may also do community labor instead of paying the fine
  • License suspension or revocation of a minimum one year, if the second DUI happens in 10 years from the first
  • You may have to undergo a DUI program for up to 30 months to regain your driving privileges
  • You may be required to start attending AA meetings
  • Many more

Usually, what happens may differ from state to state. However, we are interested in knowing how much jail time you may have to serve for a second DUI. In most cases, the jail time may not be more than one year. The minimum could be 96 hours or less. Usually, this depends on the state.

Chances of not doing jail time for a second DUI

First, you should hire a good DUI attorney, as you have seen, the legal implications for a second DUI are serious. The attorney will attack the DUI in court, since the burden of proof is on the prosecutors. He/she may get you freed if the officer conducting the sobriety test failed to adhere to the required procedure.

The attorney can also challenge the accuracy of the breathalyzer. In many cases, if the blood of the driver was still in the process of absorbing the alcohol, the breathalyzer readings might be higher than they should be. Proving this can get one freed.

The arresting office will be challenged on the probable cause in the DUI stop. He must show that he had reason to believe that a crime was being committed and thus he had to stop the driver. Kindly, note that these are just a few of the defenses that an experienced DUI attorney can deploy in court. If you are from Los Angeles, a traffic ticket lawyer Los Angeles can help you minimize your jail time as much as it is possible. Your traffic ticket Los Angeles must be taken very seriously to have the least possible punishment.

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