Driving while under the influence of alcohol is not a violation that the law takes lightly. If a person is caught committing this crime, they can expect serious consequences. However, if a person is found guilty of this crime a second time — the level of penalty only escalates. For any person facing a repeat charge of drunk driving, guidance from a drunk driving accident attorney is strongly advised.
Innocence Until Proven Guilty
One of the greatest things about the justice system is that a person is innocent until proven guilty. Just because you were previously charged and convicted of a crime, does not mean that you are automatically guilty of the offense in the future.
For example, an officer needs legal grounds to test a driver's alcohol level, and even with probable cause to support the stop, the field sobriety test must be performed under certain criteria, even if the person was found guilty of the crime in the past. Any violation of these guidelines or a false presumption of an alcohol level that exceeds the legal limit can lead to a dismissed cause. An attorney will review every aspect of your arrest and case to ensure you receive proper justice.
Existing Case Status
In terms of a subsequent conviction of driving while drink, the status of the first case is very important. For example, a judge, may or may not decide to consider a previous conviction during the sentencing for a repeat offense.
However, if you are currently on probation for the previous conviction or if you have an offset sentence, such as a treatment program, more than likely, these situations will influence the sentencing you receive for the second offense. It is incredibly important in these instances to have someone working on your behalf to ensure you receive the lightest sentence possible.
New Secondary Factors
The legal system largely considers history and progression when it comes to legal cases. Generally, when an offender is displaying a pattern of increased severity, the consequences can be great. For example, say a person was convicted of drunk driving once before. However, the second offense included an accident that resulted in property damage.
This additional aspect is known as a secondary factor and having a secondary factor on a subsequent arrest that was not present on the first can spell significant penalties. Again, legal representation is critical to help negotiate a possible sentence.
Are you facing a repeat drunk driving charge? Make sure your best interests are protected and consider partnering with an attorney who will work to ensure you are protected.Share