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Rochester Second-Offense DUI Lawyer

While a second DUI offense is not a full felony, the consequences are far heavier than a first-time offense. A subsequent offense leaves you with a near certainty of serving jail time, having your license revoked for an entire year, and larger fines. Consulting a Rochester second-offense DUI lawyer when facing these charges could help mitigate the penalties or avoid conviction entirely. A DUI defense lawyer can investigate the facts of your case and may be able to cast your situation in a more favorable light before the prosecutor and judge deciding your fate.

DUI Charges in Rochester

Driving under the influence (DUI) or operating while intoxicated (OWI) refers to the same criminal offense according to Mich. Comp. Laws § 257.625(1) which defines an OWI as someone driving while under the influence of drugs or alcohol. OWI also occurs when people drive with a blood alcohol content (BAC) of .08 percent or higher, as measured by breath, blood, or urine tests.

In most cases, OWI charges result from a traffic stop because a police officer noticed signs of impairment or the drivers committed a traffic violation. Officers routinely conduct field sobriety tests and record their observations of driver conduct to support the administration of a BAC test. If the BAC test measures .08 percent or higher, regardless of any visible impairment, the driver may be charged with OWI.

The Penalties for Drunk Driving in Rochester

Any DUI conviction can lead to harsh results whether individuals are facing a first, second, or subsequent DUI. However, the more DUI charges a driver has, the more severe the potential consequences become. Some common sanctions a defendant might face for a DUI conviction include:

  • Incarceration and probation
  • Fines and court costs
  • License suspension and restricted driving privileges
  • Required community service hours

Other costs of conviction of a DUI include increased insurance premiums and payment for completing an alcohol education course. Individuals convicted of an OWI in Rochester may also have to pay for the installation and monthly maintenance fees of blood alcohol ignition interlock devices (BAIID) in their vehicles if they have restrictions on their license. When facing a second-offense DUI, a lawyer could help protect defendants in court and fight to minimize any enhanced penalties.

Drivers convicted of their second charge in seven years should expect a minimum jail sentence of five days, up to a maximum sentence of one year. This is a significant increase over the maximum 93-day potential jail sentence for those convicted of a first OWI offense. The potential fines for a second OWI also may increase up to $1,000. A second offense conviction also requires a one-year license revocation without automatic reinstatement. The license revocation could increase to five years if individuals had a prior revocation within seven years.

A Second-Offense DUI Attorney in Rochester Could Help

In most cases, second offense DUI charges are misdemeanor charges although they may escalate to felony charges if some aggravating circumstances are present. Regardless, the consequences of a subsequent drunk driving charge could be permanent, so the assistance of a Rochester second offense DUI lawyer may be necessary.

To reduce your risk of serving substantial jail time and being subject to other unwanted consequences, seek out excellence in criminal defense and hire an experienced criminal defense attorney. Call today to schedule a consultation for your case.

Client Reviews
★★★★★
Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
★★★★★
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
★★★★★
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.