Second-Offense DUI in Montgomery County
A second-offense DUI in Montgomery County is a serious criminal charge that applies to those with a prior conviction for driving under the influence. If you are facing DUI allegations as a repeat offender, schedule a free case evaluation with lawyer Seth Okin. He is an experienced DUI defense attorney committed to protecting your rights of due process and asserting applicable legal defenses supported by the facts or the law.
What Is a Second-Offense DUI?
Under Maryland Statute § 21-902(a)(1), a second-offense DUI is an enhanced charge for allegations of driving or attempting to drive under the influence. The penalty for a Montgomery County second-offense DUI doubles from a first offense, with a potential imprisonment of up to two years and a maximum fine of $2,400. After an arrest or conviction for driving under the influence, Maryland also requires the use of an ignition lock, even if a judge grants you a probation before judgment.
As defined in § 11-174.1, being deemed under the influence requires having a blood alcohol concentration of 0.08 or more, based on either your alcohol level per 100 ml of blood or 210 liters of breath. Several types of prior convictions related to intoxicated driving can cause a prosecutor to seek the enhanced charge of a second-offense DUI. For example, a criminal record that includes any of the following can result in a subsequent offender charge:
- Driving while impaired (i.e., with a blood alcohol concentration below 0.08)
- Driving while impaired from the use of drugs or both drugs and alcohol
- Driving while impaired from the use of a controlled dangerous substance
- Operating a water vessel while impaired or under the influence of alcohol or drugs
To qualify as a potential second offense, the alleged DUI must occur within five years of the date of your prior conviction.
Defending Against a Second-Offense DUI Charge
An experienced Montgomery County defense lawyer can be an important advocate when navigating allegations of a second-offense DUI. The circumstances of your stop by law enforcement and following arrest often play a critical role in your defense. The methods used to justify the stop can be scrutinized for any infringements of your due-process rights, including the failure to establish the required probable cause. Additional violations can exist in how law enforcement gathered evidence of your intoxication level.
We could review your case for these issues to seek a potential dismissal for procedural violations or a reduced charge of driving while impaired. The penalty for a second-offense driving while impaired conviction is considerably lower, with potential imprisonment of up to one year and a maximum fine of $500. A DUI criminal defense lawyer could also fight for fair sentencing by raising compelling arguments to dissuade a judge from imposing the maximum sentence
Contact Seth Okin for Your Montgomery County Second-Offense DUI Case
An enhanced charge for second-offense DUI in Montgomery County can have a significant impact on your life. A strong defense against these charges may help you avoid serious jail time and other infringements of your personal freedom. Experienced attorney Seth Okin could thoroughly investigate your case and explain your available legal options. Contact Price Benowitz LLP today to schedule a free case evaluation.