Building a Prince George’s County Second-Offense DUI Defense
Risking a trial or guilty verdict without placing your best foot forward could seriously impede your chances of a lighter sentence. A court’s leniency only extends so far. Fortunately, there are experienced attorneys who could help alleged offenders by building a Prince George’s County second-offense DUI defense.
By electing to retain the services of an attorney, you could demonstrate to the court that you intend to do everything in your power to prevent a DUI in the future.
How Prince George’s County Lawyers Build Second-Offense DUI Defenses
Defense attorneys build a second-offense DUI defenses the same as a first. They are identical in every way except for no longer calling the defendant as their witness. While it is almost never a good idea to call a defendant as a witness for a DUI case, it is certainly not a good idea in the case of subsequent arrests. Defense attorneys simply cannot risk cross examination by the prosecution. The reliability of a defendant’s statements and because they had a prior, the judge would probably determine that they did not learn anything from the first offense. The attorney would need to be careful when putting their evidence together and rely on what is there to build their strategies. Obvious things like body-worn cameras of the officers that show the event and the location could be more readily relied upon.
The main strategy is to show the defendant in the best light possible and build their defense in such a fashion to give the defendant options. It is always great to win, but an attorney cannot expose their client to something that would create more of a problem. Because of this, there are some things that should not be presented in court. Sometimes an agreement to plead is a good idea to contain certain facts and not have them placed on the record. The judge will make a decision based upon the recommendations from the State regarding an agreed-upon plea of some sort. This form of mitigation could not be used if a defendant were to go to trial. In a trial, more things come out:
- The attitude of the individual
- How they interact
- Things they said to the police
- Things that were said after
A body camera would likely be played in court as the State’s evidence to substantiate the State’s position toward the defendant.
Presenting all those things could be problematic because it may not show the defendant in one of their better moments. As a second offense, the attorney cannot say it was an aberration of character because it has happened once before.
The Effects of a Second-Offense DUI on a License in Prince George’s County
Depending on the timing of their second-offense DUI, it is more likely than not that defendants end up on the “ignition interlock program” for no less than 12 months and sometimes longer. The Maryland Vehicle Administration (MVA) has every right to consider sending them to the Medical Advisory Board, thinking that they may have an alcohol problem that must be dealt with. Upon a conviction, the judge could order the “ignition interlock program” for the term of their probation. If the judge puts them on probation for 24 months, the judge could also order the “ignition interlock program” for all 24 months of court probation. That is an extensive amount of time and a very expensive amount of time to be on that device.
Next Steps Upon Conviction
If the driver is convicted of a DUI second offense, the hope is that they receive a suspended sentence or maybe one weekend in jail. Jail is certainly a strong possibility for a repeat offense. They could end up in jail for the weekend for straight time, to be served in Prince George’s County Detention Center.
How Challenging a License Suspension Changes after a Second-Offense DUI in Maryland
Challenging a driver’s license suspension is almost impossible. The way the laws are set up, the driver is not given much leeway or leniency in any way, shape, or form, to convince a judge not to suspend them. The only other possibility is placing themselves on the “ignition interlock program”. That may save their license. They could make that decision ahead of time to have the interlock installed on their car and present that as mitigation in trial in the hopes that the judge would consider that to be a showing of good faith.
Applying for a Restricted License after a Second DUI in Prince George’s Coutny
If it is a second offense DUI happening several years after the first offense and they have blown a 0.15 for that second offense, individuals absolutely may request an “administrative hearing” and ask for a restricted license. If they are convicted, they could also certainly have a points violation and ask that they be given some form of restriction for a number of days. It is purely up to an administrative judge how that turns out. Things are always possible, but people always run the risk that the judge places them on the “interlock” for the term of their probation.
Retrieving a License after a DUI Acquittal in Prince George’s County
If a person is acquitted of DUI, they still have to serve out the term of their suspension with the Maryland Vehicle Administration. Their trial in the Court had nothing to do with their license, the MVA, or the Office of Administrative Hearings.
Connect with an Attorney Who Could Help
While honest mistakes are a part of life, the chances you have received in the past for a DUI may not extend a second time. In events like these, it is crucial that alleged offenders do everything in their power to present themselves in a favorable light to the court. With jail a serious possibility, it is not worth pleading guilty on your own. Connect with an attorney who could help by building a Prince George’s County second-offense DUI defense. Reach out today.