Second DUI Defense in Oakland County
If you have been arrested for a DUI, you already understand how heavily the charges can affect your life. Unfortunately, if it happens to you again, then you are now facing much more stringent penalties. This is a very serious crime in which the accused gets very little sympathy from the judge or prosecutor. The state of Michigan takes a proactive approach to keep drunk drivers off the street, and this often means coming down hard on repeat offenders. State penalties for a second DUI include:
- A maximum jail sentence of one year.
- A fine of up to $1,000 along with additional court costs.
- 6 points added to your driving record.
- License revocation for life without the chance of appeal for one year.
- Vehicle forfeiture.
- An ignition interlock device.
These penalties may seem daunting directly after an arrest, but there is a chance you can have them reduced or the charges thrown out altogether. I am Attorney J. Dallo and I understand what it takes to formulate a successful defense strategy against a second DUI charge. Many attorneys convince their clients to take a plea deal instead of fighting before a jury. This ensures they will not have to put in the work required to go to trial. I take a much more aggressive approach to my clients’ cases. In addition, I make it a point to take on fewer clients so I can provide higher quality representation. When you hire me, you will get my full attention. I will build a custom-tailored defense based on the circumstances of your arrest.
Conditions Surrounding a Second DUI Conviction
When you are arrested for a second DUI, there is a good chance you feel like you have nowhere to turn. However, it is important to understand some of the laws surrounding this crime. In Michigan, you will only be charged with a second DUI if your previous one occurred within the last seven years. If your first DUI happened more than seven years ago, then you will only receive first-time DUI penalties if convicted. However, after this second charge, the rule no longer applies. A third arrest will result in extremely harsh penalties.
It is also important to understand that if your first charge involved “Operating Under the Influence of Liquor” (OUIL), “Operating While Visibly Impaired” (OWVI), or “Operating With the Presence of Drugs” (OWPD), you are still facing your second DUI offense. This means you are subject to the state penalties if convicted. In order to prevent this from happening, I will look closely at the details of your arrest and devise an aggressive defense strategy that has your best interests in mind.
Let Me Defend Your Rights
When you hire me, I will scrutinize every aspect of your case, including the traffic stop, arrest, and booking. Many times, police fail to follow proper arrest procedures, which could mean the case may be dismissed. As I am building your defense, I will take the following steps to ensure all our bases are covered.
- I will get a first-hand account of your arrest from you to determine if your rights were violated.
- Breathalyzer, field sobriety, and chemical tests are sometimes conducted improperly or in a way that violates the accused rights. I will determine if this occurred during your arrest.
- If the police coerced you into making a confession, then I may be able to use this as a means of getting the charges dropped.
- I will examine any police dash cam footage to ensure all evidence was properly collected and that the police followed protocol.
- I will look at toxicology reports, talk to witnesses, and review police reports for inconsistencies.
- If I feel evidence against you is inadmissible, then I will have it thrown out.
While I am not afraid to take a second DUI case to court, sometimes the accused is ready to admit their guilt. If you know you were at fault and would like to plead guilty, I can still help you. I have a reputation in Oakland County as a knowledgeable, highly experienced attorney. Judges and prosecutors recognize me as a lawyer who represents upstanding, hard-working citizens. I will negotiate on your behalf to have the punishment reduced so you can move on with your life as soon as possible.
Contact a Second DUI Defense Lawyer for Representation After an Arrest
If you have been arrested for a second DUI in Oakland County, then you are facing harsh penalties that could severely impact your life. Let me fight for your rights and provide a concrete defense geared towards reducing your punishment or getting the case dismissed altogether. I have extensive experience handling DUI cases and know what to expect out of judges and prosecutors. Contact Attorney J. Dallo at (248) 283-7000 to discuss your options.