There are not many things worse than getting a DUI except getting a second one. A second DUI is a bit more serious than the first, but it’s important to remember it’s not the end of the world. You will get through this, and it will eventually be behind you. But for now, if you seek legal counsel from a Lincoln 2nd DUI lawyer, you don’t have to go through it alone.
A DUI conviction will result in a loss of driving privileges and fines, but depending on the circumstances of your charges, arrest, DUI defense strategy, and other factors, with a good Lincoln DUI lawyer, you may be able to avoid jail time.
The key to getting an ideal outcome for your case is hiring the right criminal defense DUI attorney. Sopinski Law Office is a law firm of experienced and skilled DUI lawyers. We have represented countless cases in which the defendant has a repeat DUI charge.
We provide quality legal services for every client we represent and treat each and every one of our cases with individualized care. We respect our clients and do everything in our power to defend and protect their rights. While we may not be able to get your charges dropped or minimized, if there is a way to do so, we will find it. We promise to support you in this difficult and uncertain time.
A DUI is a criminal charge for individuals who are caught driving under the influence of drugs or alcohol. The legal limit for drivers operating a vehicle with alcohol in their system is lower than 0.08% BAC. It is illegal to drive with a BAC of 0.08% or higher. At levels above 0.15%, more serious charges and potential penalties ensue.
Nebraska law permits law enforcement to test for alcohol via breath or blood. This means that a failed breathalyzer test is valid grounds for a DUI arrest. Drivers who are asleep behind the wheel or in physical control of their vehicle can be arrested and convicted of DUI.
A DUI can also be issued for drivers operating a vehicle who are under the influence of drugs. Because there is no definitive test to determine whether a person has drugs in their system, like a BAC test detects alcohol, an investigation is often conducted to determine the likelihood of a driver being on drugs.
These investigations are conducted by professionals who are trained to spot signs that can indicate the impairment of an individual. By examining certain behaviors, these studies can indicate which specific drug a person is on if any at all. If your DUI drug includes possession charges, don’t delay in contacting a drug possession lawyer to discuss your case.
A second DUI arrest for a driver who has a BAC of 0.08% or higher but less than 0.15% is considered a misdemeanor charge. Like a first DUI, it is a DUI Class W misdemeanor. Anyone with a second DUI conviction under these circumstances is subject to a $500 fine, an 18-month license suspension, and a jail sentence of 10 days to six months or 240 hours of community service.
These DUIs are sometimes eligible for probation sentences instead of jail time. The judge will carefully consider this option when the defendant’s prior driving record and moral character are particularly exemplary. This type of DUI case, though, requires a high level of court experience and can have more potential for a favorable outcome with a criminal defense attorney to argue the case.
Keep in mind that a DUI stays on a person’s driving record for five years, so if the first DUI occurred more recently than five years ago, it may be more difficult to convince a judge that probation is a suitable alternative sentence to jail time.
If a second offense DUI arrest is made, and the driver has a BAC level higher than 0.15%, it is still just a misdemeanor but is sometimes referred to as an aggravated second DUI. It is a Class I misdemeanor, one step up from a Class W.
An aggravated second DUI conviction charge, obviously, carries steeper penalties, including a $1,000 fine, a license revocation of anywhere from 18 months to 15 years, and as few as 30 days to one year in jail but without a community service alternative sentence.
DUI defense attorneys are often successful in defending second DUI charges by proving that when their clients were arrested, law enforcement officers acted unlawfully or violated the rights of the defendant. Some of the most common and easiest things to prove were improperly carried out by police officers are below.
One of the most common defenses for a repeat DUI is used in cases when the arresting officer fails to observe the 15-minute observation rule before administering the BAC test. This law requires a 15-minute period of waiting time to occur before a suspect can be tested for intoxication.
Where some attorneys find reasonable ground to get charges minimized or dropped is in a failure to perform this wait time or document it appropriately. During the 15-minute observation, there must be no smoking, and the time this period begins must be recorded on the checklist form required for testing.
If anything about the noted time doesn’t align with other details noted in police reports, arrest records, test results, or other sources, an experienced attorney will find the discrepancy and use it in their clients’ defense.
While evidence of a mistake does not guarantee charges will be dropped or diminished, with the right criminal defense strategy and depending on other details of the case, you can significantly improve your chances of optimizing the outcome of your case.
A good defense lawyer will scrutinize your case, arrest, and other factors that can impact the validity of a DUI charge in order to identify any possibility of malpractice of protocol. Attorneys are trained to protect their client’s rights first and foremost.
DUI lawyers know how to get the most favorable option for a plea that is often a much lesser sentence than they would have been offered without the influence of an attorney. This can, in many cases, minimize jail time, as well as hefty fines.
After being arrested for a Lincoln DUI, you will have to appear in court at least once and probably more than once. Your first court appearance will be an arraignment, not a trial. At your arraignment, your charges will be read out loud to you. It is usually recommended for DUI arrests that the defendant plead not guilty to their charges at their arraignment hearing.
Below are some tips to help you at your arraignment.
At the arraignment hearing, you will also be asked if you plan to hire an attorney or if you cannot afford one. If eligible, a court-appointed attorney will be assigned to your case. If you are not eligible and don’t already have one at this point, it is advisable that you hire a defense attorney for legal counsel.
Even if you don’t think you have any defense options, it is always better to have the support and guidance of a skilled lawyer to help you navigate the legal system and court proceedings.
During your hearing, your not-guilty plea will be entered into court records, and a date will be set for your next hearing. In most cases, the next hearing will be a trial date.
Defendants with Class I misdemeanor or felony charges have an absolute right to a trial. Those defendants with lesser charges must make a demand for a jury trial within ten days of entering a not-guilty plea. A criminal defense attorney is the ideal source to advise you on these matters.
If you are facing your second DUI charge after a first DUI conviction, it is highly recommended that you enlist the help of a reputable and successful DUI defense lawyer like the attorneys at Sopinski Law Office. We have the experience to properly represent you and the knowledge to apply the law to your case and defend your rights. We can provide the legal counsel, answers, and support you need during this time. Call Sopinski Law Office and speak with a member of our legal team about your case.
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