Driving under the influence of drugs, alcohol, or another substance that impairs an individual’s ability to safely operate a motor vehicle is a serious offense with significant consequences. DUI penalties increase with each subsequent offense, so if you are facing a second offense DUI Edina, it is crucial that you work with a seasoned attorney who understands the nature of these charges.
Do not attempt to defend your case without skilled legal representation. A knowledgeable member of our legal team could help you build a defense and potentially even get your charges reduced. Call today to learn more.
What Happens After a Second Offense?
Under Minnesota Statute §169A.24, prosecutors look back ten years when charging DUI offenses. If the driver has a DUI conviction within ten years of their current arrest, they could face a second offense DUI charge. A first-offender could face the same consequences as a second-offender if they refused chemical testing, had a very high blood alcohol concentration (BAC,) or had a passenger under age 16 at the time of their arrest.
A second-offense DUI charge is a gross misdemeanor in Edina. It requires a minimum 30-day sentence, which could be spent in jail, doing community service, or both. A judge has the discretion to sentence a second offender to up to one year in jail. The offense also carries a $3,000 fine.
Under certain circumstances, second-offenders might face more severe penalties. Enhanced penalties might be imposed if an individual allegedly:
- Refused to cooperate with chemical testing
- Had a BAC of more than .16
- Had a child in the vehicle
When an individual faces second-offense DUI penalties, their driver’s license could be revoked for at least a year. If the driver refused a test or had a BAC of more than .16, the license revocation period could be up to two years.
A driver could also face license plate impoundment. This is a process that requires the individual to remove and surrender the license plates for all vehicles registered under their name, even if registration is shared. To use the vehicle, the driver must apply for special plates commonly referred to as “whiskey plates.”
If the driver needs a limited license entitling them to drive to work or school during the revocation period, they must have an ignition interlock system installed. The driver is responsible for the significant costs involved in installing and maintaining this system. Given the severe nature of these penalties, it is always best to work with a seasoned attorney who could work to mitigate the sanctions associated with a second DUI.
How an Attorney Could Help After a Second DUI
There is a common misconception that once someone fails or refuses refused a blood alcohol test, their fate is sealed. This is not true. There are many ways an Edina attorney could assist a person facing second-offense DUI charges, even if the evidence seems stacked against them.
An legal professional could examine the circumstances of the arrest to ensure that the client received all the protections the U.S. Constitution guarantees. If law enforcement violated the client’s rights, their attorney could seek dismissal of the charges. It also could be possible to challenge the sufficiency or accuracy of the state’s evidence in some cases.
An attorney could also present evidence of a defendant’s good character to mitigate the harshness of any punishment they might receive. Enrolling the individual in a diversion program in return for a lenient disposition also could be possible in some cases.
Fight a Second Offense DUI in Edina with the Help of a Skilled Lawyer
After a DUI arrest, you may be left feeling stressed and unsure of what to do next. Fortunately, you do not have to take on defending a second offense DUI in Edina on your own. A committed attorney could represent you in court, fighting back against your charges and protecting your rights. Do not wait to get legal help. Call today to get started.