2nd DUIIf anyone gets arrested for 2nd DUI, he/she has more severe degree of punishment than he/she gets for 1st DUI. If he/she is arrested for 2nd offence DUI whilst he/she is on probation of 1st DUI, he/she faces more trouble. In this case, the punishment he/she gets is of a higher degree of severity.
Punishment of 2nd DUI is harsher to minimize drunk-driving accidents. It not only impairs the driving ability of offender, but it affects his/her job opportunities and vehicle insurance. The rate of DUI cases and the rate of deaths because of DUI accidents are devastating. As per a survey conducted in 2009, more than half of the DUI offences are against children below the age of 21 years.
If 2nd DUI charges are proved, a person may have to bear heavy imprisonment, strict penalty and revocation of a licence for a longer period of time. But with the help of a good lawyer, the accused can expect a decent behaviour with him/her. Accused is allowed to appoint a lawyer in DUI cases to present the case. If the accused is proved guilty for 2nd offence DUI within 10 years from 1st DUI, then his/her driving licence is revoked under administrative per se in some states.
BAC (Blood Alcohol Content) is a very important factor to prove the DUI offence. A person arrested for 2nd DUI is generally aware about it. If an accused has more than .08% BAC in his/her blood, then he/she is considered to be driving under the influence of alcohol which is prohibited. In some cases, accused can deny breathalyzer test with the help of DUI lawyer, which is used to determine BAC. But it differs on case to case basis.
The hearing of 2nd DUI takes place in presence of a certain number of Jury and the lawyers. Whether the DUI offence is felony or misconduct, it is decided on various factors such as seriousness of the accident, criminal history etc. 2nd DUI charges need to be proved in presence of jury for sentencing punishment to the accused.
If the DUI offence is treated as misconduct, offender may be sent to jail; but if it is treated as felony, the offender is sent to prison. Fine imposed on offender in both the cases is different. If the accused is proved guilty for felony, the fine imposed on him/her is way too high than the fine imposed on him/her in case of misconduct.
Other than the above mentioned punishments, the offender may get his/her driving licence revoked for a longer time period for 2nd DUI. There are some other punishments like attending community programs, taking the treatment program, forfeiture of vehicle, in addition to other punishments, case per se.
Above mentioned are the general common rules for 2nd DUI. They may differ in different states such as, in California, for 2nd DUI offence, the offender needs to be sent to jail for a minimum of 96 hours and his/her driving licence is revoked for 2 years; whilst in Virginia, an offender is sentenced for minimum 30 days jail and his/her driving licence is revoked for 3 years.
Being charged for 2nd DUI does not mean that the accused will be sentenced punishment. It needs to be proved. As a citizen of USA, every accused gets a chance to hire a lawyer to prove him/her innocent.