License Penalties After a Second Offense DUI in Birmingham
Second offense DUI charges in Birmingham are taken very seriously by prosecutors and judges and are often viewed much differently than first offense DUI charges. So, while first offense charges are treated seriously and handled aggressively by the courts, often, there is still an opportunity for the individual charged to work their way out of the situation. For a second offense, that same opportunity often does not exist and most courts will not approve any type of mitigation or reduction. With that in mind, it becomes increasingly important to contact an experienced second-offense DUI lawyer in order to put forward a reasonable defense and protect your freedom and your driving privileges.
Immediate License Penalties
For second-offense DUI offense charges in Birmingham, a person will face an administrative suspension for a period of one year. However, that administrative suspension could be contested and challenged and may even go away completely.
However, an individual has a limited period of time to contest the suspension. The individual must file a letter with the state within 10 to 30 days and they must also file a petition with the circuit court. If a second-offense DUI offender in Birmingham is convicted, they face a one-year driver’s license revocation along with a two-year installation of an ignition interlock. However, that one-year driver’s license revocation could be reduced to a minimum period of 45 days if the person elects to go ahead and install the ignition interlock device for 24 months.
Suspension or Restricted Licenses
In challenging a driver’s license suspension on second-offense DUI offense charge in Birmingham, the state and the lawyers from the state take a much firmer stance in negotiating a reduction in the suspension. Therefore, we normally have to find legal issues and problems with the case and, many times, have to have a trial or hearing to try to get any fruitful reduction in the suspension time on a second-time offense.
In Alabama, there is no restricted license on an administrative action on a second-offense DUI charge. However, if a person is convicted of a second-offense DUI, they could lessen their suspension time by having an ignition interlock restricted license. That is something, though, that would have to be negotiated in court and have to be ordered by the sentencing court.
If a person is acquitted of a second-offense DUI offense charges in Birmingham and they took the breath test, if they are still subject to the administrative suspension, then there is a way than an experienced DUI defense lawyer could have their license suspension stopped and the license returned.
However, if the person refused the breath test and was acquitted and still under the administrative suspension, they would have to serve the duration of that. Obviously, if the person is acquitted of a second-offense DUI, there would be no additional license suspension based on a conviction.