Stamford Second Offense DUI Charges
Stamford second offense DUI charges are taken very seriously. This is because, with a second offense, the person has already had their chance to remedy their actions. The fact that they have a second DUI charge against them may bring forward a more serious penalty.
To defend against such allegations, an individual must contact a Stamford DUI lawyer. An attorney can build an effective defense to help lessen any potential penalties associated with second offense DUI charges in Stamford.
Severity of the Charge
Prosecutors typically seek jail time on a second offense DUI charge in Stamford. If the individual has used the alcohol education program the first time, then it is clear that the treatment did not help and they may continue to make the same mistakes. A judge will take that into consideration when processing an individual’s second offense Stamford DUI charges.
Second offense DUI charges are heard in Stamford Superior Court along with all other DUIs.
For a second offense DUI charge in Stamford, if there is already a DUI conviction on the person’s record they may face two years in jail, where 120 of those days would be mandatory minimums.
An individual may also face 100 hours of community service and a fine of between $1,000 and $4,000.
However, it is important to note that if a person gets one DUI within the last 10 years and then gets a second one, it will count against the person and they will be linked together.
There are no diversionary programs available for second offense DUI charges in Stamford. The diversionary program in Connecticut is for first-time offenders only.
Often, lawyers must be more vigorous in establishing a defense against Stamford second offense DUI charges because they are more likely to go to trial. An individual would want to immediately subpoena records, review video, take witness statements, hear the client’s story about what exactly happened that day, and analyze everything they can for some defense that they can present to the prosecutor in negotiating.
Elements such as if the field sobriety tests were done properly, if there are things that were interfering with the field sobriety tests, and if the breathalyzer was not calibrated correctly can be used to build a defense against third offense Stamford DUI charges.
With second offense charges, a lawyer must prepare to force the state to prove their case in trial, and defend their client to the best of their ability.
Impact on the Driver’s License
For a Stamford second offense DUI charge, the person’s driver’s license will be suspended. The arrest suspensions are the same if the individual takes the breathalyzer.
After the person has served their 45-day suspension, they will either be suspended for six months if they take the breathalyzer, or for a year if they do not take the breathalyzer. If convicted, then the suspension immediately jumps to a year. The more DUIs a person gets, the higher the suspension time is.
If the driver gets convicted then, depending on which offense they are facing, they will most likely spend some time in jail. The judge will impose the sentence after the jury renders a verdict. The judge can impose up to six months for the first conviction and up to two years for the second conviction.
It is important to note, that if the driver served up all of the arrest suspensions, then a driver likely has their license back before they are acquitted.