Important Legal Issues in Second DUI Cases
When a person is charged with a second offense DUI, there are certain factors that a DC DUI lawyer will consider. In addition to analyzing the strength of the prosecutor’s case against you, they will also look at your prior DUI charge.
A DUI lawyer will review any evidence that the prosecutors will try to admit showing when you were convicted of the previous DUI, whether that case actually counts as a prior conviction, and whether the previous conviction was for a DUI.
Value of an Attorney
An experienced attorney will also look at factors that may be helpful in challenging evidence that will be presented to the jury and mitigating the potential penalties a person might face. This may include credibility issues with the police officers or any civilian witnesses. It can also include possible alternative explanations for your actions at the scene of the arrest that do not involve intoxication.
These can potentially be important issues to challenge to discredit the police in front of the jury. Challenges to police officer credibility are perhaps even more important in a jury trial than they might be in a judge trial.
Additionally, a lawyer with local DC experience can provide much needed insight into how specific courts and/or judges view second offense DUI charges.
Addressing License Suspension Hearings at the DMV
A DUI defense attorney in DC will not only help with the criminal proceedings, but will also incorporate license suspension hearings into the case strategy.
If a person is facing a first offense DUI charge, they are eligible for a mandatory six month license revocation period in the District of Columbia if they are convicted.
However, in a second offense DUI, the mandatory license revocation increases from six months to two years at a minimum in the event that a person is convicted or in the event that a DMV administrative hearing finds through testimony from the police officer that a person is responsible for driving under the influence and has a prior DUI on their record.
The District of Columbia does not permit restricted licenses in either first offenses or second offense DUIs. In fact, second offense DUIs, just like first offenses, are not eligible for restricted licenses, limited licenses, or work permits. DC’s DMV rules establish mandatory revocation periods with no exceptions.
Getting Your License Back
There is a possibility that a person can get their license back. In the event that the DC DMV does not hear any testimony from a police officer at an administrative hearing, then they could potentially put your case in no action, meaning that they do not impose any penalties against your driver’s license but simply wait for the outcome of your criminal case. In the event that you are not convicted of the DUI in court, then the DMV would close your case out and not take any additional action against your driver’s license.