While receiving charges for a second-offense DUI may feel like a daunting situation, know that you do not have to face it alone. A professional Lubbock second-offense DUI lawyer can assist you by gathering evidence, interviewing witnesses, and acting as an aggressive advocate for your defense. Read on to learn more about how a distinguished Lubbock defense attorney has the potential to make a difference in your case.
Where are Lubbock Second-Offense DUI Charges Heard?
A second-offense DUI is considered a Class A misdemeanor under Texas law, so it will be heard in the Lubbock County Courthouse on 904 Broadway Street. The case will be heard by one of two county court of laws that are authorized to hear criminal cases. To learn more, reach out to a weathered Lubbock second-offense DUI lawyer for details.
Proving a Second-Offense DUI
Intoxication under Texas law can be defined in several ways. To merit intoxication, the prosecution must prove that the defendant was driving at or above a BAC level of 0.08. This can be shown through a breath or blood test that the jury believes to be valid. The prosecution could also attempt to show that the defendant consumed so much alcohol or other drugs that they lost the normal use of their mental or physical faculties while driving.
It is significant to remember that in order to find an individual guilty of a second-offense DUI, all six members of the jury must unanimously agree that the defendant was intoxicated at the alleged crime scene. In addition to showing the intoxication of the driver, the prosecution must also prove that prior to this arrest, the defendant had been previously convicted of driving while intoxicated.
Penalties for Conviction
If an individual has a prior conviction, the punishment for a second-offense DUI increases from the potential of a Class B misdemeanor up to a Class A misdemeanor. Penalties for this charge can range from 30 days minimum in the county jail up to one year, as well as the maximum of a $4,000 fine.
If an individual goes to trial and receives a minimum of three days in jail on their first DUI offense as a Class B misdemeanor rather than probation, an individual will spend a minimum of one month in the county jail on a Class A misdemeanor for their second-offense conviction.
Appealing a Second-Offense DUI Case
Texas possesses 14 appellate courts. If an individual loses at trial and they appeal up, they would go to one of the appellate courts in their jurisdiction. Lubbock’s court is known as the Amarillo Court of Appeals located on 501 South Fillmore Street. While an appeal can be a lengthy and complicated process, know that a skilled Lubbock second-offense DUI lawyer can offer their assistance to guide the defendant throughout the procedure.
Reach Out to a Lubbock Second-Offense DUI Lawyer
A distinguished Lubbock second-offense DUI lawyer can craft a professional defense strategy on your behalf based off of their years of experience spent in court. They can also help to prepare you for what to expect at your trial while acting as an aggressive advocate for your innocence. If you require legal counsel, reach out to a qualified Lubbock second-offense DUI lawyer today to schedule your initial consultation.