DC Criminal Defense Lawyer

Drunk Driving – 2nd Offense (or Greater)


If you’re facing drunk driving charges and you have a previous DUI conviction on your record,  you’re likely wondering just how bad your potential penalties may be. You’re right to worry as the District of Columbia takes repeat drunk driving offenses very seriously.

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Contacting a local attorney for a free consultation is a wise idea when you’re not sure what to do next.

Whatever sequence of events led you your arrest, we can help sort it out. No one expects to be pulled over and arrested for a DUI, especially if it’s for a 2nd offense. But whether it is bad luck or bad judgement, you need legal help.

The penalties for a DUI or DWI offense are harsher the second and third times around. The courts want to keep public roadways safe and that means keeping drunk drivers off of them. For this reason, the first thing to go will be your license.

Driver’s License Suspension on 2nd Offense DUI – Request a DMV Hearing

The date of your arrest begins a countdown until you lose your license. You typically have only 5 days to request a DMV hearing. If you don’t, your license is taken with no questions asked. By requesting a hearing, you at least have a chance to protect your driving privileges.

A local DUI attorney can represent you and assist you with the DMV hearing. Contact us today for more information.

For a second DUI/DWI conviction, you are facing a one year suspension. If this is your third or greater conviction, that suspension typically lasts up to 3 years.

Second Offense DUI/DWI Laws in DC

If it’s determined your blood alcohol level is greater than .08% BAC and you have a previous conviction for drunk driving, you are facing a mandatory 5 days in jail and a sentence of up to one year. This potential jail sentence is accompanied by fines reaching $5,000.

High BAC – Aggravated Penalties for 2nd Offenses

If, your BAC is between .20 and .25%, your mandatory sentence will be at least 10 days. If your BAC is greater than .25, you will face a minimum 20 days in jail.

Third Offense DUI/DWI Laws

If you have at least two prior drink driving incidences on your record you will serve a minimum 10 days in jail and up to one year. You will also be ordered to pay up to $10,000 in fines.

But, if your BAC is found to be between .20 and .25, your mandatory minimum will be increased to at least 15 days. If the BAC is more than .25, you will serve a minimum of 25 days in jail.

DC OWI Laws (2nd Offense or Greater)

OWI is different than DUI/DWI in that it doesn’t require a blood alcohol content greater than .08 to stick– the prosecution just has to prove you were impaired.

If this is your second drunk driving offense and you face an OWI, you will serve a minimum 5 days in jail and up to one year. But, the judge may sentence you to community service instead, a minimum of 30 days. You will also be ordered to pay fines reaching up to $500.

If this is your third or greater drunk driving offense, you will serve a mandatory minimum 10 days in jail for this OWI and up to one year, or at least 60 days of community service. Fines in this case can reach $5,000.

Facing any type of drunk driving charge can be frightening but the odds may seem even more stacked against you when you already have such charges on your record. If you’re facing DUI,DWI, or OWI charges in the District of Columbia, contact us today.

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