For those unfamiliar with DUI criminal law, all prior convictions have some influence on any potential future convictions. A record indicates a person has committed a crime before and is more likely to have committed a subsequent offense. If an officer runs your driver’s license through their system after you were pulled over, he or she might then suspect you of being under the influence of drugs or alcohol, regardless of whether or not you actually are.
Likewise, if you refuse to take an initial breath test and field sobriety test, officers will likely arrest you and take you to the station to perform a chemical test. If they find you have a blood alcohol content (BAC) over the legal limit again, you will be processed, and your case will pass to the district attorney.
The district attorney is more likely to prosecute you if you have a prior DUI on your record. Anyone who has a DUI conviction and is on probation shouldn’t have any alcohol present in their system. Doing so can immediately result in another DUI. Any prosecutor who receives an arrest record for a second DUI will directly file charges because any amount of BAC will result in a conviction.
Likewise, a prior DUI will come into play when sentencing happens. The law adds another level of severity for each subsequent DUI charge. The judge will take into consideration the facts of the case as well as any prior violations when determining a final sentence. Another DUI on your record will indicate the punishment wasn’t severe enough the first time, and the judge will impose a more substantial punishment.
Having a prior DUI conviction can make your life much more difficult; however, it isn’t impossible to overcome such a charge. Our skilled West Chester DUI attorneys are happy to help. We have more than 20 years of legal experience to offer your case, and our lawyers are dedicated to providing aggressive and skillful advocacy to our clients. The Meadows Law Firm understands what’s at stake if you are convicted a second or subsequent time. Let us see what we can do for you.
Contact us at (513) 334-0777 or fill out our online form to schedule a free case consultation today.