A second DUI may create more serious concerns than a first offense. Depending on the circumstances, a person may face enhanced consequences involving jail exposure, fines, driver’s-license restrictions, treatment, testing, ignition-interlock requirements, and other court obligations.
The exact consequences depend on the current charge, the prior conviction, the timing of the cases, the evidence, and applicable Tennessee law. A person should not assume that the State’s description of a prior conviction automatically answers every legal question.
An attorney may examine whether the prior conviction qualifies for enhancement and whether the records from the earlier case are accurate. The attorney may also review the reason for the current traffic stop, the officer’s observations, the administration of field sobriety tests, and the reliability and handling of breath or blood testing.
Other issues may involve video evidence, statements made to law enforcement, a crash, alleged injuries, driver’s-license restrictions, release conditions, or compliance with requirements from the earlier case.
A second DUI does not automatically determine the outcome of a case. The defense must be based on the current evidence, the prior case, and the law applicable to the specific circumstances.
A second DUI may involve court requirements and licensing concerns that need attention before the next hearing. Gathering the current citation, bond documents, court notices, and prior DUI paperwork can help an attorney begin evaluating the matter.
If you are facing a second DUI charge in Lebanon, TN, contact Eric Phillips at Hagar & Phillips at 615-784-4588. His areas of practice include DUI, felony DUI, and criminal defense, and he can review the current charge together with the prior DUI case.
This article is for general informational purposes only. It is not legal advice and does not create an attorney-client relationship.