DUI Second Offense, Strict Sentencing to Save Lives

in Criminal Law Last updated May 16, 2018
You may not be aware of how serious it is to avoid being charged with a DUI second offense. In many other misdemeanor cases, the police wait until it is the third offense before forcing an incarceration. However, when you get DUI sentencing, the 2nd offense can land you in jail.

Why Is a Second Offense DUI Different?

Compared to other petty crimes like breaking and entering or shoplifting, driving under influence is considered more dangerous. The statistic around fatalities from reckless driving is quite high. Averages are around 28 people killed daily from drunk driving. This is the highest cause of death in road accidents. Most of the drivers in the fatal incidents have their blood alcohol level at above 0.08.

Sentencing Increases for DUI Charges

On average, each state is different, you will get six months probation after your first DUI charge. In this half-year period, you are not allowed to drive at all. However, if you get another DUI charge within the period, you are facing a far severe punishment. In addition to a hefty sum, which depending on the state, you also will have your license revoked and have to stay at least 48 hours behind the bar. You will get new mandatory DUI classes and community service time added to your current sentence. Your license also will be revoked. You can reapply for a probation license within three years. Each state also has their own rules on keeping DUI records that could affect your overall future. If your DUI charge happened in California, the record will stay for ten years. However, if it happened in Tennessee, the record will last for a lifetime.

Whenever fatalities happen in an accident, the DUI charge could jump into a felony or even manslaughter. In that case, even a first offense could land you in jail for up to a year.

DUI affect’s everyone on the road, that is why these laws are so strict. Have fun, but be aware of your body’s tolerance of alcohol and always if in doubt get a ride and don’t drive!

SITE DISCLAIMER

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Content Copyright 2018. Information contained herein has been obtained from various sources, including legal textbooks, personal opinion, research on the internet and other locations. Information, content, layout and style are believed to be from public domain sources and not a conflict with intellectual property of others. Site design is from a template and modifications of a template. Attorneys not certified as specialist in any area of law.

Close
Close