DUI: Second Offense
As mentioned in earlier blogs, the punishment for DUI convictions increases in proportion to how many times a particular offender has been convicted previously of a DUI up until the offender receives his or her fourth or subsequent DUI conviction. The punishment for a second DUI offense constitutes a significant enhancement in punishment over that imposed for a first offense in DUI in some respects.
First, the range within which the offender can be fined increases substantially. The minimum fine for a first offense DUI is $350 while the maximum fine for that offense is $1,500. For the second offense, the minimum increases to $600 and the maximum skyrockets to $3,500. Second, the minimum period of confinement increases from forty-eight hours for a first offense to forty-five days for a second offense. However, the maximum period of confinement for both the first and second offenses is the identical period of eleven months and twenty-nine days. Third, the period for which a driver’s license can be suspended doubles from one year to two years. Lastly, the DUI statute authorizes that upon a second conviction for DUI, a judge can sentence the offender to participate in a court-approved alcohol or drug treatment program.
Also, as of January 15,2011, the statute was amended so that it allows the court to sentence an offender who has a previous DUI conviction within the last five years to participate in an alcohol and drug assessment and receive appropriate treatment. The offender will have to pay the cost of the assessment and such treatment unless the court finds that the offender is unable to do so.
As described above, the penalties for a second offense of DUI are in some respects much more onerous for defendants than the penalties for a first offense. The driver may be looking at two years’ worth of suspension of his or her drivers’ license as well as over a month of confinement. Drivers who are looking at such burdensome consequences would be well-advised to consult an experienced DUI attorney who can assist them in obtaining a fair resolution to the case and exploring all possible defenses prior to trial.
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