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I crashed my car in February with a B.A.C of .20. This is my second offense. It’s only obvious that this has become an issue, and I started going to AA meetings and therapy about it. What am I looking at for a 2nd time offense? My court date is on May 20th 2011.
27 ANSWERS
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Yes. There are many sever penalties that come with a second OVI conviction.
Answered on Jun 11th, 2013 at 12:13 AM
Yes, you need an attorney because you are exposed to mandatory jail time if you get convicted.
Answered on Jun 13th, 2011 at 5:00 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes, you need an attorney for your second DUI.
Answered on May 09th, 2011 at 4:05 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Whether or not you go to jail is a matter of the Court you are in and can be affected by how your case is presented. It is always better to have an attorney represent you in this type of case. Your BAC is quite high, and may contribute to the likelihood that you will go to jail for a period of time. (between 5 days and 1-year, depending on your Court and Judge in Macomb, Oakland, Wayne Counties). However, in some Courts, jail can be avoided. You are on the right track with AA and therapy. An Alcohol Assessment by the right person would also help. My best advice is for you to retain an attorney. If in Macomb, Oakland or Wayne, you may contact my office to discuss hiring this office to represent you. I look forward to your call.
Answered on May 02nd, 2011 at 10:34 AM
Criminal Law Attorney serving San Jose, CA
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Dennis William Smith
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The prosecution will likely try to increase the usual penalties because of the accident and the high blood alcohol. As there is potentially a broad range of consequences, a lawyer could help you minimize the damage.
Answered on Apr 29th, 2011 at 10:16 AM
Criminal Law Attorney serving Reno, NV
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Law Office of Cotter C. Conway
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A second offense for DUI can have serious consequences in the State of Nevada. The penalties include 10 days in jail, $900 plus in fines & fees, lengthy counseling, attendance at the Victim Impact Panel, and revocation of driving privileges for a period of one year. And then there's the risk of a felony for the third offense in a seven year period. Contact me for a free consultation.
Answered on Apr 28th, 2011 at 6:02 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It's a good idea to retain an attorney. Second offense DUIs carry more severe penalties including vehicle forfeiture. Only an experienced DUI attorney can thoroughly evaluate police and lab reports for deficiencies that can reduce or dismiss your charges. Too much is at stake and the process is too complicated to do it alone. A good attorney will more than pay for himself in terms of what he can save you in way of fines/costs, license sanctions, vehicle immobilization, higher insurance premiums, etc.
Answered on Apr 28th, 2011 at 4:42 PM
Yes you need an attorney. You are facing mandatory jail time; possible enhancements with the accident and high BAC; and license suspension.
Answered on Apr 28th, 2011 at 3:42 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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Assuming in NH, yes as there are serious mandatory minimums involving jail, license loss and fines. Get the best lawyer you can in the locality you were arrested. Ask police, lawyers, people in community who is best. Contact the best local lawyer who handles exclusively criminal charges, ask the lawyer the last time they tried a dwi and won, what special training they have to handle dwi, defend chemical tests. The lawyer should also be a member of NACDL, state criminal organization, national college of dui defense. Good luck.
Answered on Apr 28th, 2011 at 3:23 PM
You should, absolutely be represented by an attorney for a DUI, whether it be or first or most certainly for a second offense. You have significant legal rights to protect and an enormous amount of potential legal consequences at stake. If you are convicted in New York of a second DWI / DUI the *second* conviction will result in the following potential penalties: 1) If the second DWI / DUI conviction is with in ten years of the first, your case may be enhanced and prosecuted as a felony in Supreme Court. You would then be facing enhanced penalties of a maximum of four years in prison and, 2) If the second DWI / DUI is within five years of the first, you may be sentenced to five days of mandatory jail or 30 days community service and/or, 3) Your drivers license will be revoked for a minimum of one year and, 4) You will be required to install and maintain an ignition interlock device at your expense and, 5) Be ordered to pay fines ranging from $1,000 to $5,000
Answered on Apr 28th, 2011 at 3:14 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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You definitely need a lawyer. You don't say what the outcome of the first case was so I don't know if you are being charged with a misdemeanor or a felony but either way, the prosecutor will hold the first one against you in deciding whether or not to make you an offer. You also don't say what County you are charged in. Some counties have a no-plea policy. Finally, .20 is very high b.a.c. so depending on the County and given that you crashed, I would not be surprised if the DA seeks jail. You need to get an experienced criminal defense attorney. I am a former federal and State prosecutor and now handle criminal defense and have prosecuted and defended many DUI cases. Feel free to check out my web site and contact me if you wish to retain counsel.
Answered on Apr 28th, 2011 at 1:02 PM
Criminal Defense Attorney serving Birmingham, MI
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Daniel J. Larin, P.C.
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You should never go to court without a lawyer. Every lawyer I know would not represent themselves in any legal matter. In the case of a OWI 2nd, you have too much to lose to not have a lawyer look at your case with an eye towards getting it dismissed. Just because you were caught and charged does not mean the prosecutor has a good case. Further, even if the case is not dismissed a lawyer can talk for you at sentencing to possibly lessen the severity of the sentence. A 2nd OWI in 7 years will cost you your driving privileges for a minimum of 1 year and potentially for the rest of you life. At the very least request a court appointed attorney if you cannot afford one.
Answered on Apr 27th, 2011 at 1:20 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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No, you don't need a lawyer for your second DUI, or any charge. Can you benefit from hiring a lawyer? YES. You mention a "crash" in your post, was anyone hurt? A DUI with injury could be filed as a felony, greatly increasing the potential sentence. Even if not filed as a felony you would still be facing a year in county jail. Consult with a lawyer.
Answered on Apr 27th, 2011 at 1:13 PM
Criminal Trial Attorney serving San Jose, CA
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Law Office of Thomas F. Mueller
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There are three aggravating factors here: - 2nd offense -High Blood Alcohol - Accident. There is a danger a judge will impose a jail sentence. You should hire a lawyer that can find a way around the jail. For more info or a fee quote call.
Answered on Apr 27th, 2011 at 1:09 PM
YES. You're facing real jail time now. Get a lawyer that focuses on DUI's. They are very scientific and technical and few criminal defense lawyers are adequately trained to handle them correctly.
Answered on Apr 27th, 2011 at 12:59 PM
Theodore W. Robinson
Hello, YES, you need an attorney on your 2nd DWI, especially with such a high alcohol reading together with an accident, both of which are aggravating factors. I was in court just today with a simple refusal, an aggravating factor, without any accident, on a first offender and the Nassau County DA's office wants the client to serve jail time for it. Get the idea? With a second DWI, you definitely need to have an attorney represent you. You will be facing a recommendation of jail time, so you need help.
Answered on Apr 27th, 2011 at 12:56 PM
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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You should have a lawyer for any DUI. You are looking at at least a week incarceration, a suspended sentence, alcohol treatment, possibly alcohol monitoring, and a fine. Your BAC is high; however, there are many defenses to a DUI and one or more of them may apply to you which would improve your negotiations with the prosecutor and may even make an acquittal possible.
Answered on Apr 27th, 2011 at 12:56 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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You certainly face potential jail and fines, so handle it right. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
Answered on Apr 27th, 2011 at 12:48 PM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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Second Offense DWI penalties can be very serious in Louisiana and you should certainly consider hiring an attorney. Since your BAC was above .15 you will have to spend at least 96 hours in jail even if you manage to have the rest of your sentence suspended. The penalties for Second Offense DWI in LA are as follows: -Jail time of up to 6 months -Driver's License Suspension for 1 year -Fines of up to $1000 and court costs If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.
Answered on Apr 27th, 2011 at 12:46 PM
You ABSOLUTELY need a lawyer. First off, on a second drunk driving, you stand a good chance of getting jail time. Depending on the court you're in, it could be a substantial amount of jail time. A good lawyer who is familiar with the court you are in and the judge you will be in front of will be able to prepare you to appear in the best possible light to the judge. He/she will probably send you for an alcohol evaluation and possibly get you into some type of program before your court date. Having a lawyer also says to the judge that you are taking the matter seriously. If you represent yourself or use a court appointed attorney who you meet for the first time when you show up for your court date, it will end up costing you a lot more money than if you have a good attorney who prepares you for your court date. If you are proactive and prepare, i.e., get into counseling beforehand (just one of many possible activities your lawyer may suggest to help your case) it helps you head off a lot of the activities the judge may normally order you to do. So the question really becomes, do you want to pay for an attorney at the beginning, show up in court prepared and save a LOT of money in the long run, or do you want to save the expense of an attorney and pay possibly 3 or 4 times as much by the time you're through because the judge orders you to do a lot of things that you might not have had to do had you worked with a lawyer at the beginning.
Answered on Apr 27th, 2011 at 11:55 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Without knowing what county you are in I can't tell you what to expect but on a Second you damn well better have a lawyer or Public Defender. Also it is not a bad idea to get into a residential program BEFORE you go to court but check that out with your atty first as every judge is different.
Answered on Apr 27th, 2011 at 11:54 AM
If you just walk into court by yourself and plead guilty, expect the following: A fine of $390 to $1000 with penalty assessment (multiplied by approximately 3-4 times), a minimum of 4 days and up to 1 year in county jail, attendance in a 18 month alcohol program, and installation of an interlocking device for up to 3 years. As a result of the court conviction, the DMV will suspend your license for 2 years, but a restricted license may be requested after 1 year of suspension. Additionally, you will receive 2 points on your driving record.
Answered on Apr 27th, 2011 at 11:16 AM
You are allowed to represent yourself on a second DWI, but given the circumstances I would encourage you to at least explore the possibility of hiring a lawyer to assist you. The penalties for a second offense are up to 6 months in parish prison and a fine. Getting involved in AA meetings is a good start, but I think you are going to need the help of a qualified lawyer in your area.
Answered on Apr 27th, 2011 at 11:14 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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You are at incredible risk for jail time in many courts in SE Michigan. There is a multi point strategy I employ for second offenders, to best avoid jail. I would highly encourage you to speak to me or another qualified, experienced DUI attorney that regularly practices in the court you are in.
Answered on Apr 27th, 2011 at 11:13 AM
Criminal Defense Attorney serving Birmingham, AL
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Eversole Law, LLC
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A second time DUI is a serious offense. A second offense DUI is even worse.
On a *second conviction* within a five-year period, a person convicted of violating this section shall be punished by a fine of not less than one thousand one hundred dollars ($1,100) nor more than five thousand one hundred dollars ($5,100) and by imprisonment, which may include hard labor in the county or municipal jail for not more than one year. The sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment in the county or municipal jail for not less than five days or community service for not less than 30 days. In addition the Director of Public Safety shall revoke the driving privileges or driver's license of the person convicted for a period of one year. I highly recommend you contacting an attorney as soon as possible.
A skilled and experienced attorney can often mean the difference between mandatory jail time and dismissal of the charges. We regularly handle DUI charges throughout the state of Alabama and I would be happy to answer your questions further. I have also included lots of Alabama DUI Defense information on my website and my Alabama Criminal Defense Blog. Be sure to review one post entitled, "20 ways to beat and Alabama DUI charge." Please feel free to contact me.
Answered on Apr 27th, 2011 at 11:12 AM
Geoffrey MacLaren Yaryan
You should always have a lawyer.
Answered on Apr 27th, 2011 at 11:11 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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I would definitely recommend getting an attorney for this. A .20 BAC is high, and the accident makes things worse. What did you hit? Was there any injury? And if so, was the injury serious? If there is serious injury, it could be charged as a felony.
You can contact me through my website at 1DUILawyer.com to discuss your case in more specific detail. Generally speaking, a second DUI offense charged as a misdemeanor can include up to a year in jail, fines up to $1,000 plus penalty assessment, 18 month alcohol course, 2 year driver's license suspension, up to 5 years probation, and other classes and programs. Additionally, there will likely be an enhancement charge since you have a high BAC, and the accident. I recommend getting an experienced DUI attorney who can mitigate the consequences of this, and potentially get charges reduced or dismissed.
Answered on Apr 27th, 2011 at 7:53 AM