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While Lubbock second-offense DUI penalties may seem daunting, know that you do not have to face them alone. A dedicated Lubbock defense attorney can help fight for your innocence and potentially mitigate the consequences under certain circumstances. A seasoned lawyer can gather evidence, interview key witnesses, and act as an aggressive advocate on your behalf. Become acquainted with the following information to learn more about Lubbock second-offense DUI penalties, as well as the ways a qualified attorney could make a difference for your case.
Mandatory Shock Jail Time
Mandatory shock jail time can be defined as day-for-day jail time as a condition of probation. For example, consider if an individual were to be convicted of a second offense DUI and was sentenced to one year in the county jail, two years of probation, and given 10 days of mandatory shock jail time as a condition of probation. That means the convicted individual will carry out two years of probation, but will also spend 10 days in the county jail as a condition of that probation. The penalties increase for second-offense DUIs in Texas, which is why the prosecution is even more aggressive.
Unlimited Look-Back Policy
Lubbock second-offense DUI penalties are considered to be the result of a high liability offense because if an individual receives two prior convictions, the third will be considered a felony. Professional defense attorneys will fight particularly hard to keep second-offense DUIs off of one’s record because of the unlimited look-back policy that exists under current Texas law. This means that if an individual receives their first-offense DUI conviction at age 18 and a second-offense conviction at 38, 20 years later that second DUI would still be considered a Class A misdemeanor. In addition, a third conviction at an even older age would still be considered a felony offense. This is another reason for attorneys to be extremely aggressive in the defense of these types of cases.
The most significant way that Lubbock second-offense DUI penalties are different from those received after a first-offense DUI conviction involves their pretrial terms. These pretrial terms are mandatory for all individuals even before any type of conviction. After an arrest, the accused must report to pretrial services at least once a month, pay a fee, give a random urinalysis, and refrain from drinking any type of alcohol. In addition, the accused is required to have a deep lung interlock device installed in their vehicle that prevents the car from starting if the driver’s BAC is above a certain level.
Violation of Pretrial Services
If the accused individual violates any of their pretrial terms, then the pretrial service officer will issue a show-cost notice where the state will try to prove the individual has violated their terms in front of a judge. Depending on the outcome of this trial, the judge may look at either modifying those terms or forfeiting their bond from jail altogether. It is extremely important that an individual complies with their pretrial terms for this reason because if they do not, they could risk going back to jail.
If you require legal assistance in the mitigation of Lubbock second-offense DUI penalties, reach out to a professional lawyer today to set up your initial consultation.