A point we have made on this blog in the past is that repeat DUI offenders generally have different goals than first-time offenders when it comes to building a strong defense case. For first-time offenders, there is the possibility of keeping a clean record—at least with respect to DUI—and potentially even having charges dismissed, depending on the circumstances.
For repeat offenders, it is generally the case that the goal of DUI defense is to minimize the consequences of DUI charges. Much of the reason for this is that repeat offenders are viewed differently by prosecutors and by courts, and because the penalties for repeat offenses become progressively more serious.
Defense strategy varies according to the circumstances of the case, to be sure, but one example of what can happen in repeat DUI offenders is seen in the case of a Colorado man with a history of alcohol-related offenses who was arrested for DUI twice in 2005 and 2006. In the first case, he was charged with attempted reckless manslaughter, while in the second case he was charged with attempted second degree assault. Convicted, he was sentenced to four years of incarceration.
Last week, though, both felony convictions were reversed after the Colorado Court of Appeals determined that prosecutors failed to present enough evidence showing that the man presented a danger to others. At this point, the man has already served out his sentenced, but the court decision means that he will have the felonies removed from his record. His decision to appeal the convictions had a positive outcome, even if he ended up serving time.
The case isn’t so much an example of what is typical as much as an example of the way pursuing legal recourse can help repeat DUI offenders achieve a better outcome in their case. Regardless of the circumstances of one’s case, working with an experienced attorney ensures that everything will be done to minimize the consequences of repeat DUI charges.