Second Offense DUI

Criminal Defense Law Office Of John E. MacDonald, Inc. of Providence, Rhode Island

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Everyone makes mistakes on the road, but some mistakes carry heavier penalties and punishments than others. This is especially true when it comes to a second offense DUI in Rhode Island.

A second offense DUI within five years of a first DUI can lead to expensive fines, a lengthy suspension of a driver’s license, and possibly even jail time.

This is why it’s so crucial to contact a Rhode Island DUI lawyer if you’ve been charged with a second offense DUI. The Law Office of John E. MacDonald, Inc. is ready to handle your second offense DUI case and guide you through the legal proceedings that follow.

John E. MacDonald has over 25 years of experience helping clients win their alcohol-related driving offenses, making him your best line of defense if you’re facing your second DUI in Rhode Island. Contact The Law Office Of John E. MacDonald, Inc. today to schedule a consultation to discuss your case or call 401.421.1440

What You Need to Know About a Second Offense DUI in Rhode Island

Those facing a second offense DUI in Rhode Island are often filled with questions and concerns about what will happen next. It’s highly recommended to contact a Rhode Island DUI attorney immediately after your second DUI charge so you can discuss what you need to do to move forward and obtain the best possible outcome. To help you understand Rhode Island’s DUI laws and what typically happens after a second DUI, here are some frequently asked questions and answers. Remember to contact The Law Office of John E. MacDonald, Inc. today to learn more about your options. 

What can you expect if you’ve been charged with a DUI for the second time?

If you’re facing a second offense DUI in Rhode Island, you’ll be required to attend an arraignment hearing at a District Court shortly after the date of your arrest. At your arraignment hearing, you’ll be asked to enter a plea of guilty or not guilty. It’s highly recommended to consult with an experienced DUI attorney before you attend a second DUI  arraignment hearing. Your DUI attorney will need to know the details of your arrest and the circumstances surrounding your case. For instance, if you refused a breathalyzer test or if you or someone else was hurt in an accident at the time of your second DUI, it’s important to have an experienced DUI attorney by your side to guide you through the process. Contact Rhode Island DUI lawyer John E. MacDonald today to learn more. 

What is a look-back period? 

A look-back period is the time in between each DUI conviction. In the state of Rhode Island, there’s a 5-year look-back period between DUI’s. If your second offense DUI occurred within five years of your first DUI, you’ll face penalties and punishments that equate to a second DUI charge. 

What if my second offense DUI happened after 5 years? 

If your second offense DUI in Rhode Island happened after the 5-year look-back period, your second DUI offense will be considered your first DUI offense in the eyes of the court. You’ll face penalties and punishments that equate to a first DUI offense. 

What are the penalties for a second offense DUI in Rhode Island? 

The penalties for a second offense DUI in Rhode Island will vary depending on the details of the arrest and the surrounding circumstances. Judges have the right to decipher the severity of the penalties for a second offense DUI, as long as it’s considered within the range of punishments established by Rhode Island DUI laws. 

Second Offense DUI Penalties in Rhode Island 

For drivers with a BAC of .08% or higher: 

  • Jail time – 10 days to 1 year
  • License Suspension – 1-2 years 
  • Fines – $400-$1,000
  • Community Service – 60 hours or more

*May also be required to participate in a drug or alcohol treatment program or class. 

For drivers with a BAC of .15% or higher: 

  • Jail time – 6-12 months
  • License Suspension – 2 years
  • Fines – $1,000 or more
  • Community Service – 60 hours or more

*May also be required to participate in a drug or alcohol treatment program or class. 

For drivers who are under the age of 21: 

  • License Suspension – 3-6 months 
  • Fines – $300
  • Community Service – 30 hours or more

*May also be required to participate in a drug or alcohol treatment program or class. 

It’s also important to note that if you’re facing your second offense DUI in Rhode Island and you are under the age of 18, it will likely result in a license suspension until age 21 and required participation in a drug and alcohol treatment program. If you have questions about your potential penalties for a second offense DUI, contact our law firm today to schedule a consultation. 

Do second-time DUI offenders go to jail? 

A second DUI offense will likely result in mandatory jail time. Drivers who had a BAC of .08% or higher at the time of their arrest will face anywhere from 10 days to 1 year in jail. Drivers who had a BAC of .15% or higher at the time of their arrest will face 6-12 months in jail. The length of the jail sentence will depend on the circumstances surrounding your arrest. Having a skilled Rhode Island DUI attorney by your side can help to either reduce the length of your jail sentence or fight to help you avoid a jail sentence altogether. Contact The Law Office of John E. MacDonald, Inc. today to discuss your second offense DUI case. 

Is a second offense DUI considered a felony or a misdemeanor? 

In the state of Rhode Island, a second offense DUI is considered a misdemeanor and can result in up to 1 year in jail. To learn more about the difference between DUI felonies and misdemeanors, contact our law firm to speak with a DUI lawyer. 

Will I lose my driver’s license after a second DUI offense? 

This is one of the most common questions that drivers have after facing their second DUI offense. If convicted of a second DUI within 5 years of your first DUI, you’ll most likely face a license suspension of 1-2 years, depending on the circumstances at the time of your arrest. Having an experienced Rhode Island DUI attorney can be incredibly useful when a judge is determining the extent of your penalties for a second DUI. A DUI lawyer can help negotiate on your behalf to lessen your license suspension period to the shortest period of time possible. Contact The Law Office Of John E. MacDonald, Inc. today to learn more about drivers’ license suspensions in relation to second-time DUI offenses. 

Is it possible to get a second offense DUI dropped?

Yes, it is possible to beat a second offense DUI charge. However, the likelihood of this happening is significantly diminished without the help of a Rhode Island DUI lawyer. Mistakes are often made during a DUI arrest and breathalyzer devices can malfunction, producing inconclusive or false BAC results. Only with the representation of a skilled and experienced DUI attorney can you beat a second DUI charge. To learn more about common DUI defense strategies for second-time offenses, contact our law office today to schedule a consultation. 

What is an Ignition Interlocking Device? 

In some special cases where drivers are permitted to keep their driver’s license, a judge may choose to have an Ignition Interlocking Device (IID) installed on their vehicle. The IID will only allow the car to start after the driver blows into the device without alcohol in their system. If the device detects that alcohol has been consumed, the car’s engine will not start. If you believe that you might qualify for an IID device, contact our law firm today to discuss your case. 

Do I need to hire a lawyer if it’s my second DUI? 

It is imperative to have an experienced DUI lawyer if you’re facing a second offense DUI. When you hire a Rhode Island DUI attorney, you know that you’re taking the path towards the best possible outcome. Without the assistance of a DUI lawyer, you’re taking a huge risk. You may be pleading guilty to a DUI charge that could have potentially been dismissed. You could also be facing the harshest penalties or even serving unnecessary jail time. Only a skilled and experienced DUI attorney can lessen your penalties and punishments and assure you that you’re taking all of the appropriate legal steps. Contact John E. MacDonald to learn more about how a Rhode Island DUI attorney can assist you through your second offense DUI. 

Contact the Best Rhode Island DUI Attorney 

At The Law Office of John E. MacDonald, Inc., we’re available 24-hours 7 days a week to take care of your second offense DUI case. Don’t leave your future to chance, contact Rhode Island DUI Lawyer John E. MacDonald today at 401.421.1440.