Handling a Second Oklahoma DUI
Handling a DUI charge is difficult, and it can take time to fully move on from the ramifications. Just when you are starting to forget the past, you can make another mistake or be falsely accused of driving while impaired again. If it has not been more than 10 years since your first DUI, another charge can mean a harsher punishment that is even harder to move on from than the first. If you are charged with another DUI, contact the experienced Oklahoma DUI defense attorneys of Brown & Gould, PLLC at (405) 235-4500 right away.
When is it a Second DUI?
The Oklahoma courts do not consider every subsequent DUI a second offense. There is a 10-year lookback period. Another DUI is only considered a second DUI under the law if the charge came within 10 years of completing the sentence for the first DUI, no matter which state the offense occurred in. If you are charged with a DUI and you were convicted of another DUI more than 10 years ago, then the current charge is not considered a second DUI, but another first offense.
Penalties for a Second DUI
If you are charged with a second DUI within 10 years of your first conviction, you will be charged with a felony. You face a minimum of 1 year and up to 5 years in jail, a $2,500 penalties, and a 6-month license suspension. You may have to use an ignition interlock device if you are allowed to keep your license or after your suspension is over. You will be responsible for the costs of installing and maintaining the device.
You can also be required to undergo a drug and alcohol abuse evaluation, and if necessary, follow through with treatment. If you do not undergo an assessment and treatment program, you may face a longer jail term. You will be responsible for the costs of the evaluation and treatment.
Why You Need an Oklahoma DUI Defense Lawyer
Most people facing a first DUI offense can manage to escape significant jail time. After a fine, community service, a brief license suspension or an ignition interlock device, many drivers are back on the road and can move past their mistake. But a second mistake in 10 years leads to more significant punishments. Many people cannot escape jail time or a license suspension entirely. It is only through a strong defense that people manage to minimize the consequences of a subsequent conviction.
An experienced DUI defense attorney can build defenses to prove your innocence of a driving impaired. If a conviction is likely in your situation, your lawyer can negotiate a plea bargain with the prosecutor, ensuring a fair sentence.