After being arrested for a second driving under the influence (DUI) charge, you may fear a conviction is imminent because of your record.
Many consider North Carolina very tough on intoxicated drivers, and these charges are serious. If you’re arrested for a DUI or DWI and convicted, you’ll be sentenced on a sliding scale from level I being the most and level V the least serious. The judge will consider any prior DWI or DUI convictions as aggravating factors that will increase your charge’s seriousness. Usually, a DUI is deemed a “first offense” if the driver has no prior DUI convictions within the past seven years.
Can I Beat a Second DUI Charge?
First, to beat a second DUI charge, hire an experienced criminal defense lawyer to represent you in negotiations and court.
A strong criminal defense attorney will challenge the reason the police pulled you over and look to overturn the validity of any field sobriety tests because the results can be subjective. A talented DUI lawyer could also question the science of the breath test machine. If the police officer used the device correctly, and if that machine had any maintenance completed recently.
If we are looking to negotiate a deal, we may be able to get some charges reduced. Depending on your circumstances, we may be able to help you get probation instead of jail time.
What Happens If I Am Convicted Of A Second DUI Charge?
If you are convicted a second time of DUI, you may be facing anywhere from 24 hours to two years in jail, as well as a $200 to $4,000 fine, depending on the severity of the charges. The court may suspend your license for up to four years.
With help from your attorney, you may petition the court for a limited driving privilege. This would allow you to drive for limited circumstances, such as work and with a curfew. However, if your conviction results in a Level II or Level I sentence, you won’t be granted limited driving privileges.
What Should I Do If I’m Facing A Second DUI Charge?
If you have been charged with a second DUI, reach out to the Knox Law Center right away. Our attorneys have decades of experience working in North Carolina and defending people like you. We offer free consultations to help you understand how we’d handle your case and what we recommend.
You can trust our legal team. Our lawyers have more than 60 years of experience in North Carolina law and pride themselves in representing the underdog.