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SpinDistribute.com Article Directory

The following article was published in our article directory on April 14, 2012.
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Drunk Driving Second Offense

Article Category: Advice

Author Name: Attorney David Rudoi

Being charged with a second OWI (DUI) offense is a significant accusation, one with the potential for major consequences. Not only has the severity of the fines increased and the time of license revocation lengthened, you are facing significant jail time—up to one year.

With the stakes this high, you need to retain aggressive legal representation.

Experience has taught us that prosecutors are very, very reluctant to offer fair or reasonable pleas in these types of cases. D.A.s are more than willing to take you to court.

With a second drunk driving charge, going to trial is real possibility. This, however, is not necessarily a bad thing. The penalties often do not become harsher if you lose at trial. The penalties and sanctions are many times exactly the same, so it often doesn't hurt you to defend yourself in court.

In other words, when you go to trial, you have much to gain and little to lose.

Of course, every drinking and driving case is unique. The individual circumstances of your case will offer arguable opportunities, and their strengths will dictate the type strategy we use.

Frequently, the points of your defense will incorporate time-tested, winning defense strategies. Some of these include:

MEDICAL CONDITIONS
Certain conditions, especially digestive or respiratory ailments, can adversely affect a blood alcohol reading. For instance, Gastroesophageal Reflux Disease, more commonly known as acid reflux disease, can skew the results of a breath test.

RISING BLOOD ALCOHOL
The human body doesn't absorb alcohol all at once. Medical testing proves your blood alcohol will continue to rise after you stop drinking. If you consumed drinks immediately prior to being pulled over, but do not have the chemical test until much later, your blood alcohol level could have escalated in the intervening time.

POLICE PROCEDURE & EQUIPMENT
Admissible evidence requires that proper procedure is followed at all times. Frequently, we'll find that law enforcement personnel made critical mistakes, compromising their investigation. Likewise, the technological devices used by law enforcement are not 100% foolproof. They require certifications and skilled operators. Far too often, police officers fail to conduct tests accurately.

In addition, our familiarity with Oakland, Macomb, and Wayne County police departments, prosecutors and judges gives us an insight on what strategies work and the weaknesses of their procedural systems.

If you or someone you care about needs legal counsel for your drunk driving case, Rudoi Law is available 24 hours a day to help.

Call 248-935-9074 or email us at [email protected].

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