In the span of our lives, there is a high possibility that we will be caught with a DUI offense. As a matter of fact, we are more likely to be caught in a DUI crime at any point in our lives. In reality, we are more likely to be charged with DUI than to be involved in a car accident. Obviously, this statistic varies from state to state, as dui in Arizona might be more frequent than in another state, for example. This is because, as humans, we love going to parties and enjoying a fun time.
Unfortunately, parties and alcohol, as well as any other CBD-containing drugs, are inextricably linked. Therefore, every party will always have booze and party drugs, which is why you will be charged with a DUI if you drive home from the party and are stopped by the police.
Getting caught once seems fine, and the court would be too harsh on you, depending on your case. However, others get caught with a DUI offense for the second time around. When you get caught drunk driving or driving under the influence of any harmful substance for the second time, you will be charged with a second DUI offense.
You were offered a second chance after your first conviction, but you still did it, so you better expect harsher fines, punishments, and repercussions, and the court will not take you lightly. After knowing this, many people are asking whether a second DUI offense is beatable or not. I am a bit curious too, so let’s answer our question through this article.
Can you beat a second DUI?
Yes, you can overcome a second DUI charge. However, the response to this question depends on how fair your DUI lawyer is when representing you in court. But for the record, a second DUI is winnable under certain conditions.
1.If you have an experienced and professional DUI attorney
It would help if you first employed a qualified and experienced DUI lawyer to represent you in court and negotiate your case. A skilled prosecutor can use every tactic available to ensure that you are not guilty of the charges against you.
The prosecutor would raise concerns about the assessments that the arresting officer forced you to take, claiming that they are too arbitrary. He may even inquire about how you were apprehended and challenge the legitimacy of the breath control system, such as whether the arresting officer used it properly or whether it was maintained.
2.If the arresting officer did not arrest you properly
Second, if the police officer failed to follow proper protocol, the counsel will point this out to you, increasing the odds of winning. Of course, there are some exceptions, such as when a person passes the arresting officer’s tests but is still apprehended and put on trial in court.
3.You were not caught in the act
Your lawyer might have a slight advantage if you were not caught in the act. For example, suppose you were stopped by a police car for other reasons and started doing tests for a DUI offense. In that case, your lawyer will point this out and challenge the arresting officer that would overturn the validity of the arrest and invalidate the results of the field sobriety tests.
If at least one of these conditions applies to your case, you have a better chance of winning in court for a second DUI charge. Instead of going to prison, you could get probation, which is the worst possible outcome if you have a lawyer.
