subject: Avoiding Repeat DUI Offenses [print this page] Avoiding Repeat DUI Offenses Avoiding Repeat DUI Offenses
It is no laughing matter that the best way to avoid a repeat DUI offense is not to make the poor decisions that lead to a DUI, driving under the influence of alcohol or drugs, arrest. However, sometimes bad things happen, and if you find yourself staring down the barrel of another DUI conviction, you will need some help to avoid a repeat offense and the very serious consequences that go along with it. An experienced DUI attorney can help you achieve the most positive outcome possible in your case, depending on the individual circumstances that may or may not apply in your case, such as the following.
Presence of Aggravating Factors
Aggravating factors are the primary reason that people see enhanced or increased punishments if they are convicted for DUI. Normally, they include situations like excessive speeding, prior convictions, having a minor in the car, high breath test results, serious bodily injury, or fatalities. However, each case is different and unique, and your attorney will be able to tell you if there are aggravating factors in your case that could cause more serious consequences. Some aggravating factors can bump a misdemeanor charge up to a felony.
Shows of Remorse and Regret
Penitence and remorse are important in almost any type of first offense case, however, alone they do not carry much weight and may only get you the mandatory minimum sentence allowed by statute. If you are truly remorseful for the situation, some display could at least grant you some form of lenience if convicted, but this is not promised and the only benefit could be to those injured in some way due to the crime itself.
History of Good Behavior
If your repeat offense is only after an extended period of good behavior, without other criminal arrests or convictions, this could be positive for your case. Some states offer a time frame that can be used to determine whether the case is treated as a first offense or repeat offense, normally in the area of ten years. Individuals repeating the offense in less than ten years face a second offense situation, while those who have passed the ten-year mark could be treated as a first offender again. However, in Maine, a prior conviction outside of 10 years can still be considered for sentencing purposes.
Plea Agreement
Some states allow DUI offenders to plea-bargain for a reduced sentence, dropped charges, or decreased charges. For example, if you are charged with more than just a DUI, such as manslaughter due to a fatality, you may be able to reach a plea bargain with the prosecuting attorney. Your DUI lawyer will be able to help in this area, since not all states support plea bargains when a DUI is involved. Again, this is something that should be discussed in detail with a qualified DUI defense attorney.
This information is provided solely for informational purposes and does not constitute legal advice.
