Joliet Second Offense DUI Defense Attorney

Second Offense DUI Defense Attorney Near You

In some cases, people arrested for drunk driving may have a prior DUI in their past. The prosecutors in Joliet fight hard to secure a conviction against those who have been charged with DUI a second or subsequent time, and they will often do everything they can to keep these drivers off the road. If you are facing a second DUI charge, you need a former Joliet prosecutor on your side. At the Law Offices of Jack L. Zaremba, P.C., we fight hard to help you avoid a DUI conviction and prevent the suspension of your license.

What to Expect When You Are Charged With a Second DUI Offense

As with a first DUI offense, you will be fighting two separate cases:

• The Automatic License Suspension
• The Criminal DUI Arrest

Automatic License Suspension

The license suspension process for a second DUI is the same as for a first offender arrested for DUI. If you do nothing, your license will be suspended 45 days after the date of your arrest. This suspension is automatic, and you must choose to contest the suspension in court. The grounds for fighting a suspension and the arguments you can make for why you should keep your driving privileges are limited in scope, and you will need to convince the judge that your license should not be suspended. Attorney Zaremba can help you file a petition to contest the automatic license suspension, and the prosecutor will have 30 days to schedule a hearing. If the prosecutor fails to set the case for a hearing, the judge may decide to reverse your suspension. It is important to have a skilled Joliet DUI Lawyer on your side when contesting an automatic license suspension. Mr. Zaremba will work hard to win your hearing and help you maintain your driving privileges.

As a second offender though, you could be facing a longer period of license suspension. If a chemical test performed after a DUI arrest showed that you were over the BAC limit or had controlled substances in your system, and you had previously had your license suspended within the last five years because of a failed chemical test, you will face a one-year license suspension. If you refused to take a chemical test within five years of a previous license suspension, your license may be suspended for three years.

What happens if I lose my hearing or if I choose not to go forward with the suspension hearing?

If your license is suspended, you may have options for regaining your driving privileges. Even if you have previously had your license suspended, you may still be considered a "first offender" who will be eligible for a permit that will allow you to drive during your period of license suspension. A Monitoring Device Driving Permit (MDDP) will allow you to drive with no restrictions as long as you use an ignition interlock device (IID) whenever you operate a vehicle. Our firm will assist with applying for a permit, and we will work to get you back on the road as soon as possible.

If you have questions about whether you qualify for an MDDP or whether other options are available, please give us a call at 815-740-4025 to set up a free consultation.

Criminal DUI Arrest

As a general rule, a second arrest for a DUI is still charged as a Class A Misdemeanor. The maximum penalties are the same, but there are minimum penalty changes that will apply if you are found guilty. These penalties may include:

• A sentence of up to 364 days in the Joliet jail, with a mandatory minimum sentence of five days in jail or 240 hours of community service work
• A mandatory revocation of your license for a minimum of five years
• A fine of $2,500.00
• Mandatory requirements such as alcohol treatment and attendance at a victim impact panel

Our skilled Joliet DUI lawyer can provide effective guidance and assist you throughout the process of defending against a second DUI conviction. With years of experience, Attorney Zaremba understands the many variables that may affect your DUI case, including your background, the strengths and weakness of the prosecutor's case, our own investigations into the circumstances surrounding your arrest, and whether there is evidence such as breath, blood, or urine analysis.

Our office will negotiate with the prosecutor where appropriate, and we will attempt to resolve your case by way of a plea. Unfortunately, as a second offender, it is likely that the only offer you will receive will be a mandatory conviction. For this reason, you need a skilled Joliet DUI attorney on your side. It may be necessary to take your case to trial, and you need a qualified attorney who can fight for your rights in the courtroom. Where other attorneys will not take these types of cases to trial, Jack Zaremba is prepared to do so. Our goal is to secure a "Not Guilty" verdict and prevent the revocation of your license.

Contact Our Will County Second DUI Defense Lawyer

Get the legal help you need as you defend against second or subsequent DUI charges by working with an experienced criminal defense attorney. At the Law Offices of Jack L. Zaremba, P.C., we will fight to ensure that you can resolve these types of cases effectively. Contact us today by calling 815-740-4025 to set up your free consultation. We are here to take your calls and address your neds 24 hours a day.