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While facing charges for a second DUI offense may seem like an overwhelming situation, know that you do not have to face it alone. A professional Midland second-offense DUI lawyer could offer you assistance by using their legal experience to aggressively defend you in court. A skilled defense attorney could gather evidence, interview key witnesses, and help guide you through the process so you know what to expect in the courtroom. Read on to learn more about how a dedicated Midland second-offense DUI lawyer could work to make a difference in your case.
Differences in Second vs. First Offense Prosecution
All DUI cases are heard at the Midland County Courthouse in the misdemeanor courts, County Court One and Two. While no DUI offense is taken lightly by Midland prosecution, a second offense is dealt with more aggressively than a first offense. Often, the prosecution’s offer includes long-term probation with a maximum of 24 months as well as some additional shock jail time required under the statute.
In Texas, shock jail time occurs when an individual is required to spend time in the county jail in addition to their probation sentence. In addition, alcohol classes will be longer. Instead of the 12-hour class given for first-time offenders, an individual must take the DUI repeat offender program that lasts 38 hours. An ignition interlock device will be installed on a driver’s vehicle, and their license can be suspended. Community service obligations are also usually required. In cases where one’s innocence cannot be proven, a dedicated Midland second-offense DUI lawyer could fight for these lesser penalties in place of a serious sentence.
Potential Conviction Penalties
A second-offense DUI is considered a Class A misdemeanor that carries a minimum of thirty days and a maximum of 365 days in the Midland County Jail, as well as a fine of up to $4,000. Currently, there are no penalty enhancements for the length of time between DUI offenses, so it will not matter whether the two instances occurred within a short or long timespan. As long as the previous offense was valid, authorities may look back to determine the next DUI as a second offense. Know that a determined Midland second-offense DUI lawyer could evaluate one’s case to find issues that could result in a dismissal or reduction. In this way, a weathered defense attorney may be able to plead the charge down to a first offense or have it reduced to a reckless driving charge.
Working with a Midland Second-Offense DUI Lawyer
Often, Midland courts will be more aggressive with a second-offense DUI because they may begin to believe that the individual possesses an addiction and chemical dependence upon the substance. This is also because the court wants to make sure that the accused will not kill or injure other drivers in the future. For this reason, maximum probation time could extend as long as three years. In order to fight back against these extensive penalties, a defendant will want experienced legal representation from a Midland second-offense DUI lawyer on their side at all times. Do not hesitate to reach out to your local Midland second-offense DUI lawyer today for an initial consultation.