If you have already had a DUI and you have been pulled over for a DUI again, you might wonder if your previous DUI will impact your current charge. Prior charges always have a tendency to affect future charges, but this is especially true when you are being charged with a DUI.
The Consequences of Consecutive Convictions
When you have been convicted of your second DUI, you will be charged with much more serious penalties and you will have to pay more fines. You will be more likely to spend time in jail for a more extended period and you will also be more likely to face felony charges. You may also lose your driver's license or you may be forced to install an engine interlock device.
If you are found to be a serial offender, you may spend several years in prison and may have your license suspended.
Make Sure That Your DUI Charges Are Dismissed
Because you have been charged with a DUI in the past, it's especially important to prove your innocence in this case. There are many reasons why you may be charged with a DUI when you are actually innocent.
Breathalyzer Test Errors and Field Sobriety Tests
Breathalyzers are often defective and field sobriety tests are notoriously not objective. You may also choose to receive a blood test or a urine test, but these tests might not be stored properly and may lead to a false positive. A DUI attorney can cast doubt on the evidence presented by the prosecutor and increase the odds that you will be acquitted.
If it is clear that you were not impaired at the time of the arrest, and yet the tests come back positive, this can be used as evidence that the test was defective. For example, if your behavior was captured on camera and you do not appear to be impaired, this can be used as evidence to support you.
Medical Conditions Can Cause False Positives
If you have ketosis as a result of suffering from diabetes or if you are suffering from auto-brewery syndrome, you may undergo a blood alcohol test that comes back positive. However, the fact that you are suffering from one of these conditions can lead to your acquittal. Even if you are not able to have your charges dismissed, you may be able to have them reduced.
Contact a DUI attorney to learn more.
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