Defending Repeat Offense DUI Charges
Defending a DUI charge where there is a prior conviction presents special challenges that the attorneys of MacDowell & Associates are prepared to face. Not only do we address your alleged intoxication, we may also be able to prevent the Commonwealth from using your prior DUI/DWI conviction in the prosecution.
If your future and your freedom are at risk because of a second DUI offense or a felony DUI arrest, contact the attorneys of MacDowell & Associates in Fairfax, Virginia. Call 703-763-0923 for a free and private consultation.
The consequences for a second, third or felony DUI conviction are much more severe than for a first offense drunk driving conviction. Even if you think that the prosecutor can show you were intoxicated in the current case, an attorney's ability to exclude a prior conviction at trial can save you years of jail time and prevent license suspension.
Excluding Prior DUI/DWI Convictions
We will make the prosecution prove that you already have one or more DUI convictions on your record. Then, we will question whether your prior DUI/DWI convictions are admissible in court. An admissible prior conviction can mean the difference between a misdemeanor or felony conviction.
The prosecution might not be able to use your prior DUI/DWI conviction to increase your driving under the influence (DUI) consequences if you did not have counsel when you were convicted or if the conviction was not under the same (or similar) state law as your current drunk driving charges.
Technical Drunk Driving Defenses
Our lawyers will also challenge your repeat DUI offense by:
- Determining whether the breathalyzer was working and whether proper procedures were followed, including obtaining breath logs and operator certification records
- Insisting that the government produce witnesses to support the blood or breath test
- Attacking the reliability of the government's evidence
To arrange a free consultation to discuss your second DUI offense or subsequent DUI offense, please contact our Fairfax law office at 703-763-0923.
