Second DUI Offense

Many first time offenders will not serve a jail sentence, though there is a possibility to be sentenced to a jail term of up to one year. Penalties are much stricter for a second DUI offense. (See also DUI after first conviction).

2nd DUI Penalties

Penalties for alcohol-related and drug-related violations include:

  • First DUI offense: $500-$1000 mandatory fine, up to 1 year in jail, and revoked license for at least 6 months
  • Second DUI offense: $1000-$5000 mandatory fine, up to 4 years in jail, and revoked license for at least 1 year
  • Third DUI offense: $2000-10,000 mandatory fine, up to 7 years in jail, and revoked license for at least 1 year

In some cases, probation may also be a form of punishment. Some conditions of probation include:

  • community service
  • taking a dui awareness class
  • report to your probation officer monthly
  • do not drink alcohol or consume other drugs
  • maintain a job
  • do not break any other laws

Study on 2nd DUI Drivers

In a 2007 study conducted by the Transportation Research Board of the National Academies (TRB) and published in the National Transportation Library Integrated Search (TRIS) website, seventy-seven people that had been convicted of driving while under the influence of alcohol were screened for recidivism after twelve years subsequent to their original DWI/DUI offense.  Recidivism is the act of repeating undesirable or detrimental activities or behavior even though the person has experienced a negative outcome because of that behavior.  It also applies if the person has been treated for the undesirable or detrimental behavior.  That can include being arrested or attending a rehabilitation program.

At the time of their original DWI/DUI conviction, the participants were administered the Michigan Alcohol Screening Test (MAST) and the Minnesota Multiphasic Personality Inventory®-2 (MMPI-2) tests.  The drinking history and driving history of the participants were reviewed at the time of arrest and at the twelve-year follow-up.  The study found that, on average 6 years elapsed between their first and second DWI/DUI offenses.  Their driving history prior to the first DWI/DUI offense was predictive of later recidivism (Info on being a convicted DUI offender).

Have you or someone you know been convicted of a second DUI offense? If so, contact our experienced drunk driving lawyers about your second DUI offense in your area today!

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