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Getting arrested for DUI is bad enough for any Texas motorist, but when it is the second offense then the consequences can be very bad. Texas law can be very harsh on repeat offenders, especially in such cases where the offense is classified as a felony.
Drivers who already have a previous DUI charge hanging over their heads should tread very carefully because any misstep is likely to land them in jail.
However, it is not always possible to remain on the right side of the law in such circumstances, which is why having the best DUI attorneys in Fort Worth is always a good idea.
Sparks Law Firm has been serving Texas residents for many years now and has what it takes to help drivers get their DUI charge reduced.
What Is the Penalty for a Second DUI?
A second DUI offense in Texas is classified as a Class A Misdemeanor, which is a very serious charge carrying a maximum jail sentence of 12 months and a possible $4,000 fine. This is double the cost of fines for a first DUI offense.
Drivers convicted for this offense will have the arrest permanently added to their criminal record and their driver’s license will be suspended for a period lasting between 180 days and two years. A second DUI can also cause problems with a person's insurance and international travel.
Is a Jail Term Mandatory?
Unfortunately, drivers convicted of a second DUI will be required to serve a mandatory jail sentence of at least three days. The only way to avoid serving any jail time is for the driver to act fast and contact a good defense lawyer as soon as possible after their arrest.
Best Way To Get a Reduced Sentence
In some cases, it is possible to have the DUI charge reduced to something less severe. This will mean the mandatory sentence will also be reduced to, for example, probation or having the entire arrest record wiped clean.
However, it is not always an easy thing to achieve, and drivers will definitely need the services of an experienced attorney if they are to have any hope of walking away from their DUI charge.
The attorneys at Sparks Law Firm can help by:
Reviewing the Evidence
The key to getting a reduced sentence often lies hidden within the details of the case. It requires a careful analysis of all the evidence being brought against the driver to discover a loophole that may turn the situation around.
Analyzing the Manner of the Arrest
Usually, if a lawyer can prove some kind of misconduct by the law enforcement officials the entire case may end up being thrown out of court, although this is not easy when dealing with a second offense.
Entering Into a Plea Bargain
Whether the driver can walk away from their DUI charge with a minimum or no charge at all often depends on their attorney's ability to reach a plea agreement with the prosecutor.
In some cases, the prosecutor may agree to reduce the charge to something less serious, such as reckless driving, in return for the driver pleading guilty and avoiding the necessity of going to trial.
Steps To Take After Being Arrested for DUI
The chances of getting a DUI reduced in Texas rely very heavily on the first steps the driver takes after being arrested. The following are the most important things that all drivers need to remember:
The arrested driver should call a good lawyer as soon as possible before further incriminating themselves and risking jail time
A DMV hearing should be arranged because the first thing the arresting officers will do is suspend the driver’s license
The trial date will be set and the lawyer will start making preparations for a plea bargain to get the charge reduced
Sparks Law Firm Is One Call Away!
There is no room for mistakes when dealing with a Class A Misdemeanor, such as a second DUI, because the consequences of a conviction can be life-changing.
Sparks Law Firm is here to assist drivers to get their life back on track by avoiding conviction and having the charge removed from their criminal record. Our experienced defense attorneys can be reached at our Fort Worth offices for a free consultation by dialing (817) 381-7846.