What Are The Potential Penalties For A Repeat DUI Offense?
The statute for DUIs and repeat offenders is fairly complicated. A second DUI that has no other aggravating factors would still be a Class A misdemeanor, which means that it has a maximum jail sentence of one year and a maximum fine of $2,500, but there are other mandatory minimum sentences that a second offender would be subjected to. A second offender has a mandatory jail sentence of five days or two-hundred hours of community service for a second offense. If the breath or blood test shows a blood alcohol level over 0.16%, then there is an additional mandatory two days in jail, and an additional mandatory $1,250 fine.
A third DUI by statute can be charged as a felony aggravated DUI. That is a Class 4 felony. The Class 4 aggravated DUI has possible penalties ranging from probation up to three years in prison. With the third DUI, if the blood alcohol level is over 0.16%, that is an additional mandatory ninety days in jail, and an additional mandatory $2,500 fine. A fourth DUI offense is an aggravated DUI. That is a non-probationable Class 2 felony, which means that the judge does not have the power to give that individual probation, even if they wanted to. A person convicted of their fourth DUI has a mandatory prison sentence, and they must be sentenced from a period of three up to seven years.
A fifth DUI, similarly, is a non-probationable Class 1 felony, which means there is no probation even if the judge wanted to give it to him. That is a mandatory four years up to a maximum of fifteen years in prison.
A sixth DUI or more, that is what we call a Class X felony, which carries a mandatory of six years up to thirty years in prison.
Does Pretrial Counseling Have A Mitigating Effect On A Repeat DUI Offense?
Seeking alcohol treatment will almost never have a negative impact on the case, and it will frequently have a positive impact or help the case. I tell my clients if they feel like they need help with addiction, then they should seek treatment. Whatever that might be, get or ask for help. If it is out-patient treatment or classes, if it is in-patient rehab, they should do whatever they need to do in order to get healthy, but as with any situation, if my clients do go to rehab, I am going to take that information and present it at the proper time, and in a way that maximizes the benefit for my client. Although seeking alcohol or drug treatment will not be considered during trial, it can be considered by a judge or prosecutor after a finding of guilty, or during plea agreement negotiations.
Are Temporary Work Licenses Available To Repeat DUI Offenders?
Generally, if they have not had a DUI within five years, they would be eligible for the MDDP – Monitoring Device Driving Permit during their summary suspension. If their license gets revoked from a second or third DUI conviction, that individual could be eligible for what is called an RDP – Restricted Driving Permit. However, the process for obtaining the RDP is fairly difficult. It requires the individual to get an updated alcohol evaluation, and follow all that recommended treatment.
The individual must then appear before Secretary of State Hearing Officer where a hearing is conducted for the State to determine whether or not they want to grant any sort of driving privileges. After the hearing, a ruling is issued. If they grant driving privileges, usually before they reinstate full driving privileges, that individual will be granted an RDP. Basically, it is driving for work and things like that. Generally, that would require that ignition interlock device as well.
How Do You Inspire Hope In Disgruntled Repeat DUI Offenders?
It is common for repeat offenders to feel as if their situation is hopeless, and they should just throw in the towel, but nothing could be further from the truth. Although the potential consequences are higher, my success in defending second, third or higher DUI offender is no different than with a first offender. All of my strategies and techniques that I have produced excellent results with on first DUIs, are just as effective on a second, third or fourth DUI. Even if there is a situation where we have determined going to trial is not the best option, there are still a number of things that I can do to present significant mitigation to the court, and reduce or minimize the sentence as much as possible.
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