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When someone is busted for their second DWI offense, the prosecutors are not going to be as lenient with the defendant as they were following the first charge. This means that the prosecutor will usually not offer any diversion programs to reduce the punishment down to a first offense DWI, reckless driving, or obstruction to the roadway charge. If you have been arrested for a DWI for the second time, contact a lawyer who is experienced in building a Plainview second-offense DWI defense. An accomplished second-offense DWI attorney could work tirelessly to build a viable defense for you.
How an Attorney Begins Building a Defense for a Second DWI
Building a Plainview second-offense DWI defense is the same process as with a DWI first offense. The attorney starts at the beginning by requesting the driver’s license hearing. At the hearing, the lawyer will request for the arresting officer’s presence so they can provide the facts of the arrest. The attorney will try to get the officer talking and may find out mistakes the officer made during the arrest. The plaintiff’s lawyer could bring in investigators and expert witnesses to help with the defense. They do this to make sure all the facts of the case have been reviewed to see what defense strategies can be used.
Difficulty of Defending a Second DWI
When someone is charged with their first DWI, they have the provision that they have never been charged with this offense before. With a second DWI, an individual does not have that provision, therefore, prosecutors are much less likely to offer penalty reductions or other deals.
Driver’s License Following Second DWI Charge
A person still has the right to request a driver’s license hearing after their second DWI charge. If it is requested within 15 days after the arrest, the attorney could contest the defendant’s driver’s license suspension. If someone is suspended on the administrative action and they have a prior suspension on administrative within the previous 10 years, there is an enhanced suspension. The driver’s license suspension could be between one or two years and there may be additional terms before the defendant gets their driver’s license back. This is one of the reasons why it is important to contact a lawyer who is capable of building a Plainview second-offense DWI defense that could help a defendant retain their license.
What Happens Following a Conviction
If an individual is convicted of a second DWI, the DWI goes on their record and there is a mandatory driver’s license suspension. In addition to the administrative suspension, the individual receives another suspension because of the conviction. The minimum amount of jail time is 30 days up to one year. Even if the person is probated, they might have a longer probation. During probation, they may be required to take additional counseling, training, and give random urine samples while they are on probation.
Building a Plainview second-offense DWI defense is essential if you want to avoid a conviction. Call a skilled attorney today to find out how an experienced legal professional could help you after your arrest.