Typically, there is a minimum period of probation for second offense DUI penalties in West Palm Beach. The probationary period include nine months to one year and there will be other penalties that will be harsher than for a first offense DUI. The person has to do additional community service hours and a second level DUI 21-hour class. Additional community service hours for a first offense is 50 hours, for a second offense in West Palm Beach, the minimum is typically 75. Considering the severity of a repeat offense, it may be critical to contact a distinguished second offense DUI attorney to help you build a strong defense.
Role of the West Palm Beach Court
The Court is deemed to be the guardian or protector of the community when someone faces second offense DUI penalties in West Palm Beach. A person may be looked at as more of a danger to the community because they may have a drinking problem or they may be making bad decisions where they are still drinking and driving.
When the court sees a second offense, there is normally a suspicion that the client is either an alcoholic or, is just making some bad decisions when it comes to drinking. When they drink, they do not make the right decisions. The Courts will look at them, in second offenses, with a higher level of scrutiny with the goal being to make sure that the community is sufficiently protected from this person who is going to be out on the streets, not being in prison. The court will consider whether the community going to be safe if this person is allowed to remain on the streets instead of jail.
Often, there are no diversion programs for second offense DUI absent extraordinary circumstances that are brought to the prosecutor’s attention by the person’s skilled defense lawyer. An attorney is often able to convince the prosecutor to put a potential client in a diversion program for a second or third offense as opposed to going to trial. Diversion programs are guaranteed resolutions for a client without the risk of going to jail. It is not the typical result for a second or subsequent offense. Typically if this is provable and legally permissible, second offense DUI penalties in West Palm Beach will be brought in front of a Judge or Jury if they are not otherwise resolved.
Impact on a Driver’s License
License suspension can be assigned as part of second offense DUI penalties in West Palm Beach. There is no ability for the person to get a hardship license on a second offense. Vehicle immobilization on a second offense jumps from 10 days to 30 days and on a second offense, and it is mandatory that the person must put in an ignition interlock device on their vehicle prior to the person reinstating their driver’s license.
After the suspension is over, the Department of Motor Vehicles in the State of Florida is going to monitor the person. They will make sure the person is not drinking and driving and the person will not be able to operate a motor vehicle if the person cannot blow into this instrument and prove that the person does not have any alcohol on their breath or person.