Baltimore Second Offense DUI Penalties

In comparison with a first offense, second time DUI charges are prosecuted much more severely and carry much harsher consequences for a conviction. For a second offense this means you could be facing a $2,000 fine and up to two years in jail as opposed to the one-year, $1,000 penalties you would face for a first time charge. As a result of these more serious penalties, it is imperative that those charged seek the counsel of a Baltimore second offense DUI lawyer as soon as possible to begin building a defense. An experienced DUI lawyer will be able to discuss what steps you can take pre-trial to help your case and whether you may be eligible for a restricted license. To learn more call and schedule a consultation today.

Probation in DUI Cases

Probation in DUI cases is either supervised or unsupervised. In Baltimore, if you’re put on supervised probation, it will be handled by the drinking and driving monitor of the probation office (DDMP). That agent will test you randomly for drugs or alcohol in your system as well as make certain that you are complying with the judge’s orders and completing all treatment programs. If you haven’t been assessed for a treatment program yet, the monitor will help you do that and get you entered into the program.

In addition, you’ll need to check in with your monitor at least once a month, attend AA or NA meetings, attend victim impact panels and comply with any other substantive probationary conditions that the judge imposes.

Diversion in Second DUI Cases

There are no true DUI diversion programs in Baltimore. The programs that you would enter into are the assessment and treatment programs. A client facing a second offense would certainly want to look at a more intense program and AA or NA meetings for extra support.

Driver’s License Penalties

Depending on the timing of the offense, you may be eligible for a license suspension modified to a restriction. If your license was suspended within the previous five years for the prior DUI, you may not be eligible for a modified license for work and alcohol treatment. There still may be technical defenses, depending upon the facts and circumstances of the stop, to fight the suspension. Otherwise, you would be limited to the ignition interlock for one year.

In addition, the MVA would have record that there was some form of restriction or suspension of your license previously and it would be noted that it was related to an alcohol offense. It may cause the Judge to have less of a reason to rely on your good character and choose to only offer a suspension.

Challenging a License Suspension

Challenging a license suspension is the same whether you’re facing a first offense or a second offense DUI charge. You’re dealing with the same type of hearing and you’ll attack the case the same way. Remember that you’re always addressing the current case. You don’t want to go back to the former case because you want the judge completely focused on what we have now rather than something that happened in the past.