A DUI second offense charge in Tennessee carries severe punishment. There are several different outcomes that could happen.
- Plead guilty and take what the assistant district attorney is offering.
- Hire a DUI lawyer to work out a favorable plea bargain for your case.
- Have a trial on the merits of the case. The judge or jury will decide if you are guilty or innocent.
- File a motion to suppress to get the traffic stop ruled illegal.
First, handling a second offense DUI charge is not your best option. You are at the mercy of the District Attorney's Office.
Second, Hire the best DUI lawyer you can to work out a favorable plea bargain. Every county in Middle Tennessee handles DUI second offense cases differently. Here are a few things to consider. What was the length of time between the first DUI and the second? Were there any weaknesses to the case? Did you seek alcohol treatment? Seeking alcohol treatment allows one to get up to 20 days of jail credit for treatment.
Third, A trial may be in order. Again the facts of the case determine the success of a trial. You ought to hire a DUI lawyer that has actually gone to a jury trial.
Finally, filing a motion to suppress the traffic stop is an effective tool to try to get a DUI case dismissed. However, The Tennessee Supreme Court has lowered the standard in some traffic stops to reasonable suspicion. Just last week in Robertson County, Tennessee was able to use a motion to suppress to successfully drive a favorable plea bargain agreement.
The bottom line no one can predict with exact certainty of what is going to happen on a second offense DUI charge. You just need to roll up your sleeves and go to work on obtaining an acceptable outcome.
Check in with us tomorrow and we will spell out the punishment of a second offense DUI charge tomorrow.