While a first DUI arrest is a noncriminal charge, a second offense brings fines well over $1,000 with jail time up to six months. Add to that license revocation from 12 to 18 months, mandatory ignition interlock and costly alcohol counseling. As you can see, a guilty plea is anything but a bargain.
When you are hiring a professional, you want to know his or her success rate. Many lawyers successfully camouflage a poor or mediocre track record by making generic claims about "experience," how many cases they have "handled," or what boards they belong to, without telling you how many cases they have actually won. There is a very good reason for this: their records are not worth talking about.
In selecting a 2nd DUI Wisconsin attorney following a DUI arrest, why would you settle for anything else than a tangible record of success?
What are the Penalties For a Second Offense DUI in Wisconsin?
The penalties for a second DUI offense in Wisconsin are generally more severe than those for a first offense. If you are convicted of a second DUI in Wisconsin, you may face the following penalties:
- A fine of up to $1,100
- A minimum jail sentence of 5 days, with a maximum of 6 months
- An ignition interlock device installed on your vehicle for at least 1 year
- A driver's license revocation for a minimum of 1 year
- Possible participation in an alcohol assessment and treatment program
It is worth noting that the penalties for a second DUI offense can be enhanced if certain aggravating factors are present, such as having a high blood alcohol concentration (BAC) at the time of the offense or causing an accident that resulted in injury or death. In such cases, you may face even harsher penalties.
It is important to note that the penalties for a first and second DUI offense in Wisconsin can vary depending on the specific circumstances of your case. It is always advisable to seek the advice of a qualified attorney if you have been charged with a DUI in Wisconsin. They will be able to advise you on the best course of action to take and help you try to minimize the consequences of a DUI charge.
How Does a Second DUI Case Differ From a First DUI Case?
A defense case for a second DUI offense may differ from a defense case for a first DUI in a few key ways:
- The prosecution may be more aggressive in seeking a conviction for a second DUI offense, as it is considered a more serious crime.
- The penalties for a second DUI offense are generally more severe than those for a first offense, so the defense may need to focus on mitigating the potential consequences of a conviction.
- The defense may need to address any underlying substance abuse issues in order to try to avoid a harsher sentence. This could involve enrolling the defendant in a rehabilitation program or seeking treatment for addiction.
- The defense may need to pay more attention to the specific circumstances of the offense, such as the defendant's BAC at the time of the arrest and any aggravating factors that may have been present.
It is worth noting that the specific strategies employed in a DUI defense case will depend on the specific circumstances of the case and the goals of the defense. A qualified attorney will be able to advise you on the best course of action to take and help you build a strong defense case.
Exploring Alternative Sentencing Options
While the consequences for a second offense DUI can be severe, there may be opportunities to mitigate the penalties through alternative sentencing programs. Alternative sentencing options for second offense DUI cases may include:
- Probation: Instead of serving jail time, you may be eligible for probation, which involves regular check-ins with a probation officer and adherence to specific conditions.
- Ignition Interlock Device: In some instances, the court may require the installation of an ignition interlock device in your vehicle, which tests your breath for alcohol before allowing the engine to start.
- Alcohol or Drug Treatment Programs: Completing an alcohol or drug treatment program can demonstrate your commitment to addressing the underlying problems that contributed to your multiple offense DUI.
- Community Service: Instead of or in addition to jail time, the court may require you to complete a certain number of community service hours.
Contact Our Second DUI Offense Lawyers in Sheboygan Today
At Melowski & Singh, our definition of success goes beyond "handling cases." We fight to have drunk driving charges dropped or secure acquittals in court. With an understanding of the severe, life-changing consequences of a drunk driving conviction, we litigate when many of our peers are far too quick to "handle" a guilty plea.
Many attorneys boast of their so-called success. However, their results come mainly from negotiating meaningless concessions from the prosecutor. Dennis Melowski — the only one to have been selected 10 times for inclusion in the Wisconsin Super Lawyers list by Law & Politics and Milwaukee Magazine for DUI defense from 2005 to 2011. His idea of success is a record without that second DUI offense. We know what's at stake. We match our representation accordingly.