Sentencing and Penalties For a 2nd Offense DUI In DC
If you are facing your second DUI charge in Washington, DC it is important you understand the potential penalties you may be facing. With this in mind the following are penalties and sentencing information for second offense DUI charges in Washington, DC. To learn more or discuss your case, call and schedule a consultation with a DC DUI lawyer today.
What Are The Penalties For A Second Offense DUI?
For second offense DUI, the maximum penalty increases to one year in jail and the maximum fine ranges from $2500 to $5000. There is a mandatory minimum incarceration period of 10 days that must be served consecutively at the beginning of any probationary period. That law took effect in August 2012, whereas previously it had been a mandatory minimum jail sentence of 5 days, and those could be served non-consecutively, sometimes during probation. If the defendant’s blood alcohol content is 0.20 or above, then there is a 15 days of mandatory incarceration, so it adds on additional jail time for the higher chemical test scores in a second offense DUI case.
Do D.C. Prosecutors Offer A Diversion Program Or Probation For Second Offense?
With any DUI case, very rarely will the prosecutor’s request a straight jail sentence with no probation—meaning they ask the judge to send you away for a year in jail. This only really happens in circumstances where the defendant has a very serious record of past offenses. In most cases, you can expect the prosecution to seek some probationary period, but then the question becomes how much jail time will be associated with this probation and whether they will offer any sort of diversion program. Unfortunately, with second offense DUI cases, there is strict policy that the prosecutor’s office not offer diversion.
That being said, there are exceptions to every policy based upon the facts of the case, based upon the successful litigation of the issues by the defense attorney. Thus, there have been more than a few cases where diversion was not supposed to be possible based on the prosecutor’s office guidelines, but nonetheless, by the end of the case, an experienced DUI attorney was able to secure diversion. This can occur as a result of smart, aggressive litigation and experienced negotiation with the prosecutor’s office.
What Are Some Of The Important Factors That Come Into Play During Sentencing For A Second Time DUI Sentence?
When it comes to second time DUI offense sentencing, one important factor is how long ago the prior DUI occurred. The statute provides that any conviction for DUI anywhere within the last 15 years can be counted as a prior offense to enhance your current offense and make you a “second offender.”
Other Factors
The court will also look at the specific facts of the case, for example:
- How high was the chemical test results if there was one provided?
- Was there an accident?
- Was there any injuries?
- Did this defendant cooperate with the police, or did they try to flee, or resist arrest, or any other kind of negative behavior?
- Were there any children involved?
These are all kinds of factors in any individual case that the judge will certainly look at. They want to look into what sort of person the defendant is and if they are someone who generally has it together—is generally is law abiding—or if they are someone who might be more likely to commit another DUI in the future.
It is the defense attorney’s job to highlight and accentuate and really bring forth the good factors about the defendant and about the case and try to make sure there is adequate explanation for any kind of negative factors. It is the job of an experienced DC DUI attorney to make sure that the judge is given every reason there could be to be as lenient as possible to the client.