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Is it possible to defend a second DUI?

On Behalf of | May 4, 2023 | DUI |

Being arrested for driving under the influence (DUI) can change your life. Luckily you can fight this offense. But can you do this with an existing charge?

People with previous DUI charges are always more worried. And this is understandable since Kentucky has more serious consequences for a second offense within a 10-year period. Nonetheless, you can fight, preventing the charge from going into your record

Here is how you can do this:

Using the defenses employed in the first charge

A DUI charge, whether the first or second, can be defended using practical strategies, with legal help. This includes: 

  • Challenging the breathalyzer test 
  • Questioning the accuracy of the field sobriety tests 
  • Arguing the police stopped you illegally 
  • Challenging the officer’s observations

You may have used one of these defenses in your first charge and it can be applied in the second one. For instance, a breathalyzer that’s poorly calibrated can cause a second charge. Learn more about your case and find a strategy that best applies to you this time.

You need to fight harder

Even though you can use the same defense strategies, you need to fight harder. Being your second charge, a judge may not take your case lightly, as it may seem like a pattern. Thus, you will need solid evidence to support your claims. 

You should also put more effort because the potential consequences are harsher than those of the first offense. You could go to jail for an extended period, face an 18-month license suspension and may need to go through an alcohol or substance abuse treatment. 

A second DUI charge can be frustrating, but you can fight it. You could consider your defense options to avoid its consequences.