Building a Vienna Second Time DUI Defense

Treatment for second offense DUIs is much more serious. It is going to be a more intensive treatment, there is probably going to be more active probation, and the treatment itself might carry more classes with it. It certainly depends on the recommendations of the officer, but second-time offenses definitely carry with them a more heightened treatment. Speak with an established second-offense DUI attorney about how to begin Vienna second time DUI defense.

How to Build a Defense

Building a Vienna second time DUI defense would involve all the same things as building a defense for the first DUI charge. This could include making an argument against the stop itself, reasonable suspicion to pull somebody over, or the indicators that led to the individual being pulled over.

An attorney could attack the second DUI the same way that you would attack the first, Every step of the officer’s action is something that a good criminal defense attorney in Vienna is going to be able to challenge. Certainly, a part of building a defense for DUI is looking at things like how long did the overall stop take, whether things like rising BAC level come into play, and whether an expert is going to need to come and testify about that.

How A Second Offense Could Impact the Outcome of a Case

In situations where somebody is charged with a second DUI offense and there is discussion as to whether or not it occurred within five year or within ten years not, that is something an attorney is going to need to look at very closely to make sure that somebody is charged appropriately and that that the charge does not need to be amended.

An attorney should look at the BAC level itself and whether or not the machine was working correctly, especially for situations where there is heightened BAC. The BAC level itself is going to add mandatory minimum time to the potential sentence if that person is convicted. An attorney needs to attack and look at all of these very, very closely.

Difference from Defending a First Offense

Vienna second time DUI defense is different than defending a first time DUI offense because there is going to be less likely that this is going to be something that will not involve jail time. Prosecutors usually want jail time for second offense DUIs, depending on the circumstances and there are certainly situations where something like that could be an offense that you would want to take a trial the first time around.

If you had it as a second offense, suddenly mandatory minimum time could be on the table, and so the risk is going to be higher towards fighting as opposed to making an offer with the prosecutor and agreeing to something in advance to make sure that the person does not spend any active time in jail.

There are certain situations where, if there is a second offense, the possibilities of severe consequences for that person are going to be much higher as well. These are all things that somebody needs to go ahead and consider when they hire an attorney, but it is going to change the attorney’s line of attack as well.