The rules that apply during the criminal prosecution process depend on the allegations against the defendant. Their prior criminal record is also an important consideration. State law authorizes more lenient penalties for first-time offenders. State statutes allow for more serious consequences and sometimes more significant charges in cases involving repeat offenses.
Driving under the influence (DUI) charges are among the offenses with the highest rate of recidivism or reoffending. Drivers who have a prior conviction for a DUI on their record may face more serious consequences than those accused of a first-time DUI offense.
What can progressive penalties mean for DUI defendants?
Each offense increases the potential penalties
Those accused of a first DUI offense face a misdemeanor charge. The courts can impose up to six months of probation and up to a $5,000 fine. They may order the defendant to attend alcohol safety school or alcohol treatment. And, depending on the circumstances, the defendant may have to drive with an ignition interlock device (IID) in their vehicle for a year after regaining their license.
Repeat offenders can expect to face more serious penalties with each subsequent offense. A second DUI offense can cost a motorist their driver’s license up to 18 months. They may also have to serve a minimum of 90 days in jail. The fine the courts assess may also be as high as $10,000.00.
After a third or subsequent DUI arrest, the motorist accused may be facing a felony charge, depending on the circumstances. They could also be facing up to 5 years of supervision and a mandatory one year in jail. The maximum fine also increases up to $25,000. IID requirements, educational program requirements and treatment rules also apply
Understanding the escalating penalties possible when facing a second or subsequent DUI charge can make all the difference for a criminal defendant.
For many people, the risk of more serious penalties in the future might make fighting a first DUI charge a worthwhile undertaking. There are many defense strategies that might work when defending a DUI charge. Those who secure legal guidance as soon as possible may avoid mistakes that limit their legal options.
