Alabama Criminal Defense Lawyer

DUI Second Offense Laws

Being arrested for a 2nd offense DUI is not as rare as most people think. Alabama DUI laws are such that, if you get charged with a first offense DUI, most people automatically plead guilty regardless of whether they might have a winnable case, because it is difficult and expensive to fight the charges.

Charged with a crime in Alabama? Please call (888) 632-5650.

All it takes is an unlucky break, and sometimes a moment of bad judgement to be facing a second offense DUI in Alabama. But now, the stakes are much higher. And you may be more likely to considered fighting the case and taking it to trial since the consequences for a guilty plea are significant.

Please contact us immediately to determine what your options are in protecting your rights in court, and your freedom.

Second Offense DUI Laws

The laws that determine the elements of a drunk driving charge are the same for a multiple offense as they are for a first offense. The laws in Alabama define a DUI as having a blood alcohol level at or above .08% for the average motorist. If an individual is driving in a manner that alerts law enforcement to believe the person might be driving under the influence of alcohol, they have probable cause to pull the individual over and administer a breath test. This breath test will tell law enforcement officers your blood alcohol level, and if it is above the legal limit you will be put under arrest and charged with a DUI.

For individuals who drive commercial vehicles, such as semi-trucks or other types of delivery vehicles, the legal limit is .04%. Most of these vehicles require a great deal more concentration to drive than the average vehicle, so it is crucial that a person is able to think clearly and that none of their motor skills have been impaired in any way.

People who drive school buses and other types of vehicles that transport kids around have a legal blood alcohol limit of around .02%. Many individuals drive vans or other vehicles to pick up children for daycare and to drop them off at the end of the day. Individuals who are caught with a blood alcohol level of more than .02% while transporting children will be arrested for DUI and possibly other charges for putting the lives of children at risk.

DUI Second Offense Penalties

The penalties for getting a second DUI are more severe than those initially given to someone for their first DUI. A person can be convicted of a second DUI offense if the offense has occurred within five years of the individual’s first offense. The first part of the penalty for a second DUI offense is the loss of your driver’s license for a period of 12 months. For the first offense Alabama only requires that a person’s license be suspended for 90 days. Also with a second offense you are not allowed to have special driving privileges such as being able to drive to work.

The penalty for a second driving under the influence offense also includes a choice of either jail time or community service. An individual may choose to spend 48 consecutive hours in county jail or spend 20 days doing community service.

Benefits of Seeking Legal Counsel

Being charged with a DUI can have a major impact on your life. If you are convicted of a second offense, it means losing your major means of transportation for up to a year. In order to possibly get a lighter sentence or to avoid a conviction, you need to consult with a lawyer who specializes in DUI defense strategies. These law professionals will set up a strategy that will investigate the authenticity of the results of your breath test to help cast reasonable doubt on your guilt. If the investigation turns up evidence that proves the results were not completely accurate, you might avoid a conviction.