Do you need a lawyer for your second DUI? 58 Answers as of February 24, 2012

Do you need a lawyer for your second DUI?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
Yes, you should obtain a lawyer for a second DUI or OWI charge. In most states, the potential penalties are enhanced if a person is convicted of a second OUI or DUI, OWI offense. I would recommend consulting with an experienced criminal attorney in your area. Most attorneys offer free initial consultations.
Answer Applies to: Michigan
Replied: 6/6/2011
Bloom Legal, LLC
Bloom Legal, LLC | Seth J. Bloom
The potential penalties associated with a second DUI conviction are generally much more serious than first offense. This varies depending upon the state in which you are arrested. You should definitely consider hiring an attorney to assist you with a second offense DUI charge.
Answer Applies to: Louisiana
Replied: 6/3/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
I think you need one for your first. There are potential defenses that someone who is not a lawyer would likely just not know. On a second DUI conviction, there is a mandatory 48 hour sentence or 30 day community service sentence. The answer to your question is, "Yes." Stay well.
Answer Applies to: Alabama
Replied: 6/2/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
I would need a lot more information, since many facts and circumstances can be involved, but generally it would be a good idea to hire an attorney to either negotiate a favorable plea bargain or go to trial.
Answer Applies to: New York
Replied: 6/2/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
You need to balance whether it is worth it to hire a lawyer to avoid the possibility of an 18 month program, 1 year license suspension and the prospect of some jail time. It is usually a good investment if one or all of those can be avoided.
Answer Applies to: California
Replied: 6/2/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    An attorney's assistance is always recommended as there are a range of penalties for a second DUI. An attorney could help you to receive the minimum sentence possible.
    Answer Applies to: Kansas
    Replied: 6/1/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Yes. Yes, Yes. DWI is a serious charge, the second is more serious than the first. The DA is never on your side, they have a goal, convict. So yes, you need a professional on your side to help you out.
    Answer Applies to: Texas
    Replied: 6/1/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    Second, first or 300th DUII, it is always better to have experienced and competent legal representation. In Oregon, where I practice, people are typically looking at more jail time on their second DUII than their first, so for no other reason than to try and get a better deal from the DA, it would help to have lawyer, but like I said that advice applies to all DUII charges, no matter what number this one is.
    Answer Applies to: Oregon
    Replied: 6/1/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    I would highly recommend having an attorney for a second DUII, no matter the state. In Oregon, most second time DUII convictions lead to some (although not always lengthy) jail time, as well as stiff financial penalties and license sanctions. It is very important to have a skilled DUII attorney look through your case, as every instance of DUII becomes more and more serious.
    Answer Applies to: Oregon
    Replied: 6/1/2011
    Dearbonn Law Offices
    Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
    It depends on you. You may decide to hire an attorney or defend yourself, be it your first or second. another thing to take into consideration is the complexity of your case, if you feel the need for an attorney go ahead and if not, defend yourself. the court may appoint an attorney for you if you so desire.
    Answer Applies to: Washington
    Replied: 6/1/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Of course - more so than your first.
    Answer Applies to: New York
    Replied: 6/1/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Thank you for your inquiry It is typically best to have an attorney represent you in any criminal matter, including a 2nd DUI. The attorney can explain what the license sanctions are, what jail or probation you face, and what to expect from the Judge. Also, you may want to do certain things to help your case prior to going to Court. Your attorney can review your case to see whether there is a plausible defense and whether your case should be set for trial, motion, or is best handled through a negotiated plea. Without an attorney, you will not have the benefit of any advice concerning your case. I hope that this was helpful If in the Detroit Metro area, you may contact me for an appointment.
    Answer Applies to: Michigan
    Replied: 6/1/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You would be very well advised to hire legal counsel. A second DWI within ten years is a very serious offense. Under Minnesota law, at a minimum, it is a third degree offense punishable by up to one year in jail and a $3000 fine. If convicted there are also mandatory minimum penalties of $1000 and 30 days in jail. Different Judges give different sentences. As a result, understanding your Judge and knowing how to change Judge's can be an important part of the process. There is also a civil case that results in the revocation of your driver's license. On a third degree offense, you may be revoked for up to six months. This is a separate case even though the challenges are largely the same. In order to challenge you license revocation, you must seek a judicial review by filing a petition within 30 days of the offense. There are also additional consequences to a conviction including skyrocketing insurance rates, plate impoundments and sometimes vehicle forfeitures. There are many challenges to a DWI. Officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed.
    Answer Applies to: Minnesota
    Replied: 5/31/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    You betcha, especially if it has been less than seven years since the first DUI.
    Answer Applies to: Washington
    Replied: 5/31/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    You are never required to hire an attorney. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be. Keep in mind a little free advice: When you are arrested for DUI, whether alcohol or drugs, then upon release from jail or booking you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
    Answer Applies to: California
    Replied: 5/31/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You are facing either mandatory jail time or thirty days of community service as well as a fine of up to $4,100, on a 2nd DUI and a mandatory driver's privilege suspension of one year. I don't think I would go to Court without legal representation.
    Answer Applies to: Alabama
    Replied: 5/31/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    I would strongly recommend it. The consequences of a second DUI are serious and include at least a one year suspension of your driving privilege among other issues. Even if you do not have a defense your attorney may be able to reduce the jail time significantly by plea bargaining.
    Answer Applies to: California
    Replied: 5/31/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Yes, I would recommend you retain a criminal lawyer to check into the validity of the stop and other legal issues. Good luck!
    Answer Applies to: Georgia
    Replied: 5/31/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Yes, you always need a lawyer! Hire an experienced attorney such as myself that specializes in this area of the law.
    Answer Applies to: Michigan
    Replied: 5/31/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    Absolutely, the stakes are much higher especially with mandatory jail time at involved.
    Answer Applies to: California
    Replied: 2/24/2012
    Komanapalli Massey LLP
    Komanapalli Massey LLP | Mark A. Massey, Esq.
    That depends upon whether you enjoy doing a good deal of time in jail or not. As for me, if I were on my second DUI, I would want to hire the absolute best DUI attorney I could afford.You will minimally be appointed an attorney from the Public Defender's office if you cannot afford to retain one privately.With a PD, you will cop a plea,do the minimum required time in custody and parole required community service,restitution and alcohol program plus AA. With a good private defense attorney, you just might get off completely. There are many ways to challenge DUI arrests.
    Answer Applies to: California
    Replied: 5/31/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You absolutely need an attorney for your second DUI. You even need one for your first one. In Illinois, you are facing mandatory time if you are convicted for a second DUI, and there's a good possibility the charge can be upgraded to a felony, which can result in prison time of 1-3 years. Get an attorney ASAP!
    Answer Applies to: Illinois
    Replied: 5/31/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    Probably more than in your first DUII.
    Answer Applies to: Oregon
    Replied: 5/31/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Every person has the right to represent themselves in court. However, unless you understand the legal process, the statutes and the Michigan Court Rules, obtaining legal counsel is a wise decision. Would you consider stitching up your own wound even if you knew how to sew?
    Answer Applies to: Michigan
    Replied: 5/31/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    You need a lawyer for even your first DUI, so it is also essential that you get one for a second DUI. A second DUI has even more serious consequences.
    Answer Applies to: Georgia
    Replied: 5/31/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    Do you like jail? Do you like not driving? In my personal opinion, yes, absolutely you need an attorney. Consult with a couple of DUI attorneys in your area.
    Answer Applies to: Georgia
    Replied: 5/31/2011
    Ron Graham Attorney at Law
    Ron Graham Attorney at Law | Ron Graham
    Since a second DUI requires minimum jail time you should have counsel.
    Answer Applies to: Ohio
    Replied: 5/31/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    You probably need a lawyer for a second DUI as the penalties in PA increase for a second DUI.
    Answer Applies to: Pennsylvania
    Replied: 5/31/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Yes you should have a lawyer for your second DUI. there are increased consequences to the crime because it is a second conviction.In Michigan these include the following,increased length of sentence, larger fines, more points on your driver's license among others. Also if you get convicted of a third DUI then it can result in you being charged with a felony, which carries 5 years in prison.
    Answer Applies to: Michigan
    Replied: 5/31/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You should retain an experienced criminal attorney for any crime, especially a second offense. The fact that you would even ask the question makes me believe that you are concerned about he expense and that you are young or have little understanding of the criminal justice system. The fact that you got another DWI tells me that you did not take it seriously and that you do not even now understand that when you drive drunk you are endangering the lives of hundreds of innocent people as well as yourself and your passengers. I am handling a case now that involved a young man who killed his girlfriend and will face vehicular homicide charges. The average sentence is 5-10 years in prison. I hope that you will get alcohol counseling,a good attorney, and a new attitude about the consequences of driving while intoxicated. The judge will probably convict you of DWI if you refused the test or had a BAC over .17. Your license will be revoked and DMV might not give it back without certain conditions. Your insurance will be very high, perhaps over $5,000 a year and you will find it difficult to get good employment with a second DWI conviction because employers are worried that they will be liable if you injure or kill someone. They often feel that people with multiple convictions for drugs or DWI are unreliable, immature,selfish, and a liability. They are being told by their attorneys not to hire people with certain convictions like theft, assault, harassment, rape, sodomy, forgery, and DWI. I wish you the best of luck and I hope you are able to take good advice. You haven't killed yourself or another motorist yet, I suggest you quit while you are ahead. Good Luck.
    Answer Applies to: New York
    Replied: 5/31/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    In my opinion yes you need an attorney. There are frequently errors made by the police that a good lawyer will be able to identify and use to get an acquittal. A DWI 2nd carries mandatory jail time and lengthy loss of license. Call a DWI lawyer.
    Answer Applies to: New Hampshire
    Replied: 5/31/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Yes. DUII is a Class A misdemeanor, carrying a maximum sentence of a year in jail or six months in jail and five years of probation. Most counties have standardized sentencing, which is likely to involve weeks in jail and years of probation. Further, defending DUII cases has some issues unique to those cases. You absolutely need to talk to a lawyer about your case. The court will appoint one if you cannot afford to do so.
    Answer Applies to: Oregon
    Replied: 5/31/2011
    Attorneys of Michigan, PLLC
    Attorneys of Michigan, PLLC | Daniel Hajji
    Having a good DUI attorney is always a good idea when defending a second drunk driving charge. The consequences are severe if convicted, you can face up to 1 year in jail, loss of your driver's license and hefty fines and driver responsibility fees, etc.
    Answer Applies to: Michigan
    Replied: 5/31/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    I would definitely advise you retain a lawyer for a 2nd offense DUI. That is a very serious charge and can include an extended stay in Jail, heavy fines, big license suspension, etc. An attorney can help mitigate any potential consequences, and potentially get the charges reduced or even dismissed. If your case is in Los Angeles, Ventura, San Bernardino, or Orange County, feel free to contact me. We can then speak about your case in more detail. Also, keep in mind that you only have 10 days from the date of your arrest in most cases to request a DMV hearing to avoid an automatic license suspension. I can handle that as well if retained in time.
    Answer Applies to: California
    Replied: 5/31/2011
    Law Offices of Marshall Tauber
    Law Offices of Marshall Tauber | Marshall Tauber
    If you want to avoid jail you will need a lawyer.
    Answer Applies to: Michigan
    Replied: 5/31/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    The more serious the case, the more you need a lawyer. A second time DUI within 10 days is more serious than a first; for example, there is mandatory jail time, a much longer license suspension, and an alcohol class that can last from 1.5 - 3 years. Not to mention the DMV, which has to be contacted within 10 days or you lose your license for 1 year or more. A skilled lawyer may be able to obtain some kind of reduction in charge, in which case many of the negative consequences can be avoided. Contact a DUI specialist immediately.
    Answer Applies to: California
    Replied: 5/31/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    Regardless of whether it is a first, second or 5th DUI, you should always have a lawyer. Whether you can afford to hire or you request the assistance of the public defender, DUIs are very complicated and serious criminal charges, and you should not try to represent yourself.
    Answer Applies to: California
    Replied: 5/31/2011
    The Law Firm of Aaron Bortel Esq.
    The Law Firm of Aaron Bortel Esq. | Aaron Bortel
    I would advise at least consulting with an experienced DUI Lawyer for any DUI arrest. The best place to start is finding a lawyer who is a member of the California DUI Lawyers Association and the National College for DUI Defense. Also, you will want a lawyer for the DMV APS hearing, which you have 10 days to request from the date of your arrest.
    Answer Applies to: California
    Replied: 5/31/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    YES! You definitely need a lawyer on your second. Consult with an experienced DWI attorney immediately. A lot can be done to assist you. Good luck.
    Answer Applies to: New York
    Replied: 5/31/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    You never "need" a lawyer, but the results can be drastically different without one. I have represented clients who avoided jail on a second offense and heard many stories of jail without representation. Call me to discuss options.
    Answer Applies to: Michigan
    Replied: 5/31/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    You're looking at a one year suspension of your driver's license and up to a year in county jail. Given what's in stake, yes - you need a lawyer. If you just represent yourself and plead guilty, you'll never know if you had defenses or other ways to reduce or beat the charges.
    Answer Applies to: California
    Replied: 5/31/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    You should always have an attorney to protect your interests. It is more important to have an attorney for your second offense because you can face time in jail
    Answer Applies to: Connecticut
    Replied: 5/31/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    In New Jersey you are facing a two year license suspension, up to 90 days in jail, thousands of dollars in fines and surcharges and other penalties. An attorney who specializes in DWI is a good idea.
    Answer Applies to: New Jersey
    Replied: 5/31/2011
    Berner Law Group, PLLC
    Berner Law Group, PLLC | Jack Berner
    I absolutely recommend it because the stakes are so much higher! If you reside in Western Washington, feel free to contact my office for a free, no obligation consultation-by phone or in person-about your case. We are experienced, aggressive and affordable.
    Answer Applies to: Washington
    Replied: 5/31/2011
    Law Office of Michael Brodsky
    Law Office of Michael Brodsky | Michael Brodsky
    You need a lawyer for EVERY DUI. If you had one for the first one, you might not have a first one. But because a 2nd DUI has much harsher sanctions - its at least 30 or 45 days in jail PLUS 60-90 days electronic home monitoring plus fines, fees and other requirements in Washington State - a lawyer is even more important.
    Answer Applies to: Washington
    Replied: 5/31/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    It is not required but it is a good idea. With a second offense, the ante is increased with heightened punishment and the notion of doing some jail time increases. It is good to at least have an experienced DUI attorney review the police report and lab results to check for errors that may be able to reduce your charges or get them dismissed. A good DUI attorney will more than pay for himself in what he can save you in terms of fines, costs, vehicle immobilization/forfeiture, higher insurance premiums, etc.
    Answer Applies to: Michigan
    Replied: 5/31/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    Yes. You needed one for your first.
    Answer Applies to: Michigan
    Replied: 5/31/2011
    Jason Overton, Attorney at Law
    Jason Overton, Attorney at Law | Jason Overton
    No, you don't "need" a lawyer, just like you don't "need" a dentist to extract your wisdom teeth - but it's preferable. I don't know anyone that would advise you to handle it without a lawyer.
    Answer Applies to: Alabama
    Replied: 5/31/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    While you should have the right to represent yourself, it would be a very good idea to be represented by a lawyer on any DUI, let alone a second offense.
    Answer Applies to: California
    Replied: 5/31/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    I absolutely positively recommend hiring a lawyer for a second DUI as you are looking at mandatory jail time and lengthy loss of your drivers license.
    Answer Applies to: Colorado
    Replied: 5/31/2011
    Law Office of Kyle T. Green, PLLC
    Law Office of Kyle T. Green, PLLC | Kyle T. Green
    Yes. A second DUI carries with it severe penalties. Without a lawyer, you have nobody to analyze the strengths and weaknesses of your case and negotiate the best result possible for you.
    Answer Applies to: Arizona
    Replied: 5/31/2011
    The English Law Firm
    The English Law Firm | Robert English
    I would recommend a lawyer for any DUI, particularly a second or later offense.
    Answer Applies to: California
    Replied: 5/31/2011
    Law Offices of Ramona Hallam
    Law Offices of Ramona Hallam | Ramona Hallam
    The 2nd DUI has more severe penalties than the 1st DUI. Jail is mandatory and, depending upon the length of time between the 2 offenses, you could spend 30days or more in jail. The penalties (fines, classes, and DMV consequences) are also stiffer.If the first DUI was out of state or you were not provided with an admonition that was mandatory, you may be able to move to strike the prior.There are many defenses your lawyer may recognize that you might not. I think you should seriously consider an attorney to represent your interests.
    Answer Applies to: California
    Replied: 5/31/2011
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    In Massachusetts I would absolutely recommend an attorney for a second OUI, since a conviction requires either jail time or inpatient alcohol treatment and an interlock device in the car.
    Answer Applies to: Massachusetts
    Replied: 5/31/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    The penalties for DUI, especially subsequent DUI's are severe. An experienced criminal defense attorney can help you get the best outcome. Since there are driver's license implications, you should hire a DUI attorney quickly.
    Answer Applies to: Hawaii
    Replied: 5/31/2011
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