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Will I still get probation for a second DWI conviction?
Question:
Will I still get probation for a second DWI conviction?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
The penalty for second DWI charges is, in every state, more stringent than the penalties you will face the first time you are charged with driving while intoxicated. The penalties become more severe because you have failed to be deterred the first time, and the court may view this as a careless disregard for the law as well as for public safety.
Penalties for a second DWI conviction can vary depending on state law, but some common examples of penalties include:
In addition to these penalties, you likely will have a period of probation after your jail sentence is up. In some instances, you may be able to convince the judge just to offer you probation in lieu of jail time, but this option is rare for a second DUI since the court will likely want to make sure you learn your lesson this time around.
To increase your chances of being able to get a sentence of probation without jail time, you will need to call an experienced criminal DUI lawyer as soon as possible after your arrest. Your lawyer can help to plead your case for leniency so that the prosecutor or judge will see things your way.
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