Second Misdemeanor DUI.

DUI
DUI

The police have arrested you for your Second Misdemeanor DUI.  You thought this would never happen again, but here you are.  Before you do anything else, read about what to expect with your second misdemeanor DUI.

Possible Penalties

The first thing you want to know is what is the worst that can happen to you.  Incarceration is first and foremost in your mind.

Jail

First, we should discuss the elephant in the room, Jail!  Jail is the scariest part of a second DUI case.  You were told it would be worse, but you are not sure how much worse.  For a second misdemeanor DUI case, the maximum possible jail you can face is 365 days in jail.

Minimum Jail

Unfortunately, there is also a minimum sentence on a second DUI, unlike your first DUI.  For a second DUI, you must serve at least ten days of jail.  And 48 hours of that sentence have to be served consecutively.  For the remaining eight days you may qualify for jail options.

Jail Options

The good news is that you may qualify for “options” to serve some of your jail time.  These options are also known as alternative sentencing.  These options can include community service, sheriff’s inmate labor detail, work release, weekends, and in some instances home confinement.

Fine

Of course, the court’s want their money.  So the next issue is how much can they get from you?  For a second misdemeanor DUI, the maximum possible fine is $2,000.

Restitution

The Courts may also order you to pay restitution, which has no maximum.  If there was an accident involved, the court could order you to pay for the damages.  If there was a blood draw, the court could order you to reimburse the county for the procedure.

Payment Plans

If you cannot pay the full amount of fines and restitution, the court can work out a payment plan with you.  Fortunately, this plan will usually be spread out over your period of probation.

Probation

If the court does not sentence you to the maximum possible jail sentence, then they will likely because they suspended the sentence.  A suspended sentence means that the court will keep open a penalty that it can later impose.  It would only impose that sentence if you violated the court orders.  The court will place you on probation.

Probation is a period that the court keeps your case.  As long as you complete that time without violating the court’s terms, then you do not need to worry.  If you break the rules, then the court can impose some of or all of the suspended sentence.  This violation is called a probation violation.

For a second DUI violation, you are likely to be placed on supervised probation.  Supervised means you will have a probation officer.

License Suspension

Besides jail, the license suspension can be the most serious part of a second DUI sentence.  For a second misdemeanor DUI, the license suspension is 365 days absolute. Absolute means you cannot drive at all.  

For your first DUI, only the first 30 days were absolute, and you were allowed a work permit for the rest.   Unfortunately, there is no work permit with a second DUI.

Alcohol Evaluation

The Court will order you to complete an alcohol evaluation, just like they did for your first DUI.  They will generally order this after you enter a plea, and before your sentencing hearing.  The court uses the assessment to determine how severe your alcohol addiction is.  Consequently, the worse the habit, the more hours of treatment you will be ordered to complete.

Treatment

The evaluation will have a recommendation for a certain level of alcohol treatment.  The type of treatment varies from 8 hours of an outpatient treatment class to months in inpatient treatment.

Victim’s Panel

In addition to the treatment the court orders you to do, it will also order you to complete a “Victim’s Panel.”  This panel is a one night class where the state will educate you on the impact that driving under the influence has on victims of the crime.

What you should do

Since this is your second misdemeanor DUI, you probably have an idea of how this process works.  That is why the first thing you should do is call an attorney.  Whether you had an attorney for your first DUI or not, you need one now.  The possible consequences are much more severe.  An attorney can be your guide, your legal counselor, and your protector.

If you believe that our office is the right fit for you, call us today.  Our top-rated DUI Attorneys can help you solve this crisis you have found yourself in.