Facing a Second DUI? Understand the Possible Consequences and Defense Strategies

 Posted on March 28, 2023 in Uncategorized

Driving under the influence (DUI) is a serious offense regardless of the circumstances. However, the stakes are higher if this is your second DUI arrest. If you or a loved one were arrested for drunk driving for a second time, make sure to work with an experienced DUI defense lawyer.

License Suspension for Second DUI

If you took and failed a breath alcohol test or blood alcohol test, your driver’s license will be suspended the 46th day from the date of your arrest and your suspension can rage from 6 months to 1 year. However, if this is a second DUI arrest, your license could be suspended for up to 3 years if your previous DUI was within the last 5 years of arrest.

Generally, a second DUI conviction is a class A misdemeanor and carries the following penalties if found guilty:

• A fine of up to $2,500
• Mandatory 5 days in jail or 240 hours of community service
• Up to 364 days in jail
• Suspension of vehicle registration
• Mandatory DUI risk education classes

Although first DUIs are usually treated as misdemeanors, there are circumstances in which this crime is bumped up to a felony. You may face aggravated DUI charges if your license was suspended or revoked at the time of the arrest, you are accused of causing an accident resulting in serious injury or death, or other aggravating circumstances are present.

Defense Strategies for a Second DUI in Illinois

If you are accused of drunk driving for a second time, a skilled DUI defense lawyer may be able to help you avoid a conviction. Some of the most common defense strategies include:

• Challenging the Initial Stop - Your DUI attorney may be able to challenge the legality of the initial stop or circumstances surrounding your arrest if there is evidence that police officers violated your constitutional rights in any way.
• Questioning Field Sobriety Tests - A defense lawyer might question the validity of the field sobriety tests (FSTs) that were conducted. The FSTs may not have been administered correctly, or the results may be inaccurate for some other reason.
• Challenging the Breath Test - Your attorney might challenge the accuracy of the breath test results. If a breath test was used to measure your blood alcohol content (BAC), there may be evidence to suggest that the breathalyzer was improperly calibrated or otherwise malfunctioned.
• Questioning Police Procedures - If your DUI attorney can show that police officers failed to follow proper protocol, then any evidence collected at the scene of your arrest may not be admissible in court.

Contact a Will and Grundy DUI Lawyer

A skilled Will County DUI Lawyer can guide you through this complicated process. The Law Offices of Jack L. Zaremba, P.C. P.C. will analyze your DUI case and develop a defense strategy that gives you the best chances of success.

Our goal is to secure a favorable outcome, prevent your driver’s license from being revoked, and to keep you out of jail. Call 815-740-4025 for a free consultation now.