How to Beat a Second DUI Charge
Idaho law takes DUIs seriously, assigning greater penalties when individuals are charged with a DUI twice within a few years. If you are facing a second DUI, your best chance of beating the charge is by partnering with a skilled DUI defense attorney.
Our lawyers at Trilogy Law Group know every DUI case is different, so we tailor our approach to best suit your circumstances. We understand what’s at stake for our clients, and we’re here to help you minimize or avoid the consequences a second DUI charge conviction can bring. If you’re ready to build your strongest defense, we’re eager to help.
How Idaho Prosecutes Second DUI Charges
In Idaho, the legal consequences of DUI charges rise with the number of offenses. For drivers charged with their second DUI within ten years, the following punishments may be assigned:
- Mandatory ten days in jail, up to one year
- Up to $2000 in fines
- One-year license suspension
- Mandatory installation of an ignition interlock device in your vehicle
Individuals facing their second DUI charge within five years risk being charged with a felony instead of a misdemeanor. A felony is more serious than a misdemeanor and carries stricter punishments. In Idaho, being charged with a felony second offense DUI may be penalized with:
- Mandatory thirty days in county jail, maximum of five years in the state penitentiary
- Up to $5000 in fines
- License suspension for up to five years
- Mandatory ignition interlock system
Partnering with an experienced defense attorney early is crucial to lowering your risk of receiving these strict punishments. Without a powerful strategy and a skilled legal advocate, you may face these challenges along with a criminal record that may follow you for years after you’ve completed your sentence.
Successful Strategies for Beating a Second DUI Charge
Skilled defense attorneys like ours employ a variety of strategies to beat second DUI charges, but the specific approach your lawyer takes will depend on the details of your case. One common strategy is to attack the charge’s foundation by arguing the officer who charged you lacked probable cause for the traffic stop and the charge.
Probable cause laws dictate that in DUI cases, an officer must have a reasonable suspicion to stop your vehicle or charge you with a crime. Examples may include swerving or drifting on the road or not following driving rules. If the officer who charged you didn’t have reasonable suspicion based on factors like these, the charge may be dismissed.
Other strategies your attorney may use include advocating for a reduced sentence based on steps you’ve taken since the charge, like participating in a rehabilitation program. Your attorney may also argue that your field sobriety test or Breathalyzer test was done improperly, and you did not meet the threshold to be charged with a DUI.
Build Your Best Case With Our Skilled Attorneys
At Trilogy Law Group, we have experience helping clients successfully beat a second DUI charge. If you’re feeling overwhelmed or anxious about the legal consequences that a second DUI conviction may bring, we’re here to help you secure your future and start building your best case.