What Constitutes a Second DUI?

A second DUI, or driving under the influence (DUI), is a criminal charge that happens when someone operates a motorized vehicle with a blood alcohol content (BAC) over Louisiana’s legal limit of 0.08%. It is important to note that this charge applies even if you have not been drinking – it can also be issued if you’re found to be driving under the influence of any illegal substance. It is also not limited to motor vehicles, but instead to general motorized transportation including boats and scooters. 

In Louisiana, a second DUI conviction is considered a misdemeanor and comes with serious penalties, such as:

• Jail time of up to six months
• Up to $1,000 in fines
• License suspension of up to two years
• Up to a possible 240 hours of community service
• Ignition lock device
• Mandatory participation in a driver-improvement program

If it is your second offense but you are found to have an exceedingly high BAC, a currently revoked or suspended license, a minor of 12 years of age or younger in the vehicle with you, or you have refused to consent to a breath, blood, or urine test, your charges will be aggravated and considerably more severe. 

How Does the Cleansing Period Affect My Second DUI Charge?

In Louisiana, there is a 10-year cleansing period that could affect whether or not your DUI charge can be considered a second offense. If your last DUI charge was in the past 10 years, it is still considered a second offense and you will be charged as such. However, if your last DUI charge was over the 10-year cleansing period, this current charge will count as your first DUI. 

Your previous charges cannot be used to influence your sentencing or future charges. If you believe you have been incorrectly charged, your criminal defense attorney can help conduct a proper investigation and begin a course of action to correct any wrongdoings. 

How We Handle Second DUI Cases

At John D. & Eric G. Johnson Law Firm, we understand that life can be hard, and sometimes one mistake can lead to another before you know it. That’s why our approach is different from others when it comes to second DUI defense. We won’t just treat your case like any other because we know that every person has their own set of circumstances and needs.

We’ll begin the process by asking the court within the 30-day mandate to retrieve your driver’s license back. We will then take the time to carefully review all of your case information, including any police reports, breathalyzer results, or video evidence that may be used in court. We will also look at mitigating factors, such as whether you were under duress circumstantially or medically, and we’ll do our best to make sure that the court considers all possible angles of your case.

Knowledge and Experience on Your Side

We’ll also use our extensive legal knowledge and experience to come up with a unique strategy specifically tailored to your situation, all while keeping the ultimate goal of reduced or dismissed charges in mind. 

We won’t just fight for your legal rights; we’ll also fight for you and your future. With our second DUI defense services, you can rest assured that you will receive the best representation possible as we work to build a strong case on your behalf.