A DUI Lawyer Advocates For Alternative Penalties In Second-Offense Cases
There doesn't seem to be any way around it. You have been charged with driving under the influence a second time and you'll have to accept the consequences. Before you simply accept your conviction and sentence, consider hiring a DUI attorney to provide legal representation. A DUI lawyer can help you receive the lowest sentence possible, which can be important for keeping your incarceration at a minimum or providing alternatives to going to prison.
Second Offense Penalties
If you're convicted of a second DUI offense within a certain time frame, the penalties are steeper than for the first conviction. The time frame and the specific penalties depend on the state in which you live. Your state may have a mandatory jail sentence, such as 30 days of incarceration. The judge may have the option to issue an alternative sentence -- but might not do so unless a lawyer requests such a sentence. Two primary alternative penalties are levied as punishment; they allow you more freedom.
Alternative Penalties
Electronic Home Monitoring. During electronic home monitoring, commonly called EHM or house arrest, you are confined to your place of residence for your entire jail sentence or for the latter part of it. You wear an electronic ankle bracelet that monitors your location and alerts law enforcement if you leave. If you violate the rules of the program, you must spend the rest of your sentence in jail. Depending on your jurisdiction, you may be allowed to go to your job during this time. You also may be allowed to attend school or an alcohol treatment program.
Work Release. In a work release program -- called "work furlough" in some jurisdictions -- you stay in jail for the entire sentence, but you can leave and go to your job as normally scheduled. For example, you might spend weekends and weeknights in jail for 30 days, but have 10 hours on work release five days per week, including travel time.
What Can You Do Now?
Contact a DUI lawyer and schedule a free initial consultation. A DUI attorney is a valuable asset in your effort to retain your freedom. He or she can tell you about the relevant laws in your state and the minimum sentence you could expect in your particular circumstances. You don't want to risk having a judge impose maximum allowed penalties, which are substantially harsher than the minimum sentence required by law.