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A second offense DUI will yield much harsher consequences, a mandatory minimum jail term of 45 days, and the potential for up to 11 months and 29 days spent behind bars. In addition, penalties can include substantial fines, license suspensions, mandatory participation in alcohol education courses, probation, and even the installation of an ignition interlock device. If you need representation in a DUI case, reach out to a Memphis DUI defense lawyer who can skillfully analyze the details of your case.
Like most criminal charges, a second offense driving under the influence offense in Tennessee will be prosecuted and punished more harshly than a first offense. This is because repeat DUI offenders pose an increased risk to public safety, so ultimately, the courts implement punishments that impact nearly all aspects of a defendant’s life if convicted.
A second DUI conviction in the Memphis metropolitan area, including throughout Shelby County, can result in:
Individuals charged with a second DUI offense in Memphis or elsewhere in Tennessee should not take these charges lightly. As such, it is imperative to seek immediate legal representation.
After receiving a second DUI, you are considered a repeat offender, meaning your punishment will be more severe than the first time around. The specifics of your sentencing and punishment will vary depending on your case. For a second DUI conviction in Tennessee, you can expect:
In some instances, once the mandatory minimum jail sentence has been served, the judge assigned to the case may suspend the rest of the sentence, ultimately placing the individual on probation. However, these conditions are strict, entailing mandatory reporting requirements and monitoring.
Every case is different, so there is no way to generalize how long your individual sentence will be. In Tennessee, a second-time offender will serve at least 45 days in jail, but the judge may decide to extend the sentence as long as nearly a year.
Several factors can influence the length of your incarceration, so familiarizing yourself with these factors can help you better understand what to expect
Your BAC level at the time of arrest will affect the judge’s verdict. The higher the BAC, the more stringent the sentencing will probably be.
Endangering other people’s lives is one of the reasons a DUI is such a serious crime. In Tennessee, DUI charges involving a passenger under the age of 18 can result in enhanced penalties and additional criminal consequences, depending on the circumstances of the case.
If you refused a blood test, breath test, chemical test, or any relevant test asked of you, it could result in an increased sentence.
If your drunk driving resulted in an accident that caused property damage, injury, or death, your punishment will likely be more severe.
If you were driving at reckless speeds, it may be an aggravating factor in a harsher sentencing.
A second DUI in Memphis and the surrounding area can result in a two-year driver’s license suspension. However, some individuals may qualify for a restricted license if they meet certain court requirements.
With a restricted license, those with a suspended license may have limited driving privileges, including:
It’s critical to note that in these instances, drivers are generally required to install an ignition interlock device in their vehicle.
If you have been charged with a second DUI offense in Memphis or anywhere in Shelby County, it’s critical to connect with an experienced Memphis DUI attorney with Ballin, Ballin & Fishman, P.C. Our firm understands how difficult these matters can be to navigate, which is why we will do everything in our power to help you fight for the best possible outcome for your unique circumstances. Contact us today to learn more about your legal options.
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