Second Offense DUI Charges in Darien
Second offense DUI charges in Darien are treated much more seriously than first. This is because a court will not believe that an individual has learned their lesson after their initial charge. The judge may be concerned about letting the individual be released into the public and will distribute penalties appropriately.
If you have been charged with a DUI in Darien, it is imperative that you consult with a Darien DUI lawyer as soon as possible. An experienced attorney will be able to help lessen or dismiss any penalties you may be facing.
Prosecution of the Case
There are a couple of different ways that prosecutors handle second offense DUI charges in Darien. A second offense, like a second arrest, typically means the person has been arrested before and has already been through the alcohol education program.
Technically, although they are a second offender, it may only be their first conviction if they are found to be guilty. Most likely, the prosecutor will want a conviction for a second offense Darien DUI charge, and if it was a bad accident or someone was hurt, they might even be looking for jail time.
Darien second offense DUI charges are heard in Stamford Superior Court.
If it is someone’s first conviction, the penalties are up to six months in jail. Two days of that jail sentence is a mandatory minimum. If the individual does not want to do the two days in jail, they could also do community service mandated as part of a period of probation.
The probation is usually 18 months, or could be a little less. Then, there is a fine of between $500 and $1,000.
If it is an individual’s first conviction, they will face a 45-day license suspension and a year-long ignition interlock device (IID) requirement. If it happens to be their second conviction, they are going to face a longer IID requirement and will be limited as to where they can go.
For a second offense DUI charge in Darien, the individual will face a three-year IID requirement and, for the first year, they will only be able to go places like treatment, court, probation, and work.
If an individual has a DUI on their record, they are not eligible for a commercial driver’s license or a CDL. They are a lot more restricted as to what licenses they can get.
Challenging a Suspension
When challenging a license suspension, an attorney will look for whether the officer had probable cause to pull them over in the first place and whether procedurally, law enforcement properly administered the field sobriety test and breathalyzer to prove that the person was under the influence.
If an individual is acquitted of a DUI, they can get their license back. They will be able to serve their suspension, serve their IID time, pay the $175 restoration fee, and be able to get it back.
Time Between DUIs
The time between an individual’s first and second offense DUI in Darien matters significantly. The prosecution is looking for whether the second offense is within 10 years of the first. If someone is arrested for a DUI, uses the alcohol education program, and then is arrested 12 years later for a DUI, the individual is actually eligible to use that program again because it is outside of 10 years.
However, if the second offense DUI in Darien is within 10 years of the first, then the individual is not eligible for the program and the prosecution is going to want to convict them.
Building a Defense
Building a defense for a second offense DUI charge in Darien is the same as for a first arrest. A lawyer will determine whether the field sobriety tests were executed properly, whether the BAC was what law enforcement says it was, and if the breathalyzer machine was calibrated correctly.
They will also look for the same evidence as far as surveillance footage and booking videos to see if the person was under the influence or whether they have the leverage in that regard.
The defense strategy is even more important for a second offense DUI versus a first. There are more severe penalties on the line because instead of trying to get a program, the lawyer is trying to minimize jail time, minimize fines, and, if possible, avoid a conviction entirely.