For most people, a single DWI charge and the ensuing punishment is enough to put them on the straight and narrow. For others, it takes six, eight, ten, or more subsequent DWI charges and a lot of jail time before they are willing to seek serious help for a drinking or drug problem. Sometimes, you may be in a tight spot because of unusual circumstances, and you choose to drive after you have been drinking even though you know what it might mean. If you are facing a second DWI charge that you did not intend to happen, here are the usual plans of action your DWI attorney may take.
Reduce Your Fine and Pay the Price
If you are facing a fine, there is a good chance it is a big one since this is your second DWI charge. Your lawyer can argue down the fine, citing valid reasons for not punishing you as harshly as someone who clearly has a drug or alcohol problem. You will still have to pay the price, even if your lawyer does get the fine whittled down for you.
Reduce Your Jail Sentence and Serve It
In some states, a second DWI is a no-nonsense sort of punishment. You will be required to serve a jail sentence, often up to thirty days or more. This is a terrifying prospect for many people who have never seen the inside of a jail cell before. Your lawyer may talk it down to a week or maybe a few days. Sometimes you may have to serve two weeks of a thirty-day sentence. While that is still troubling, it is better than spending thirty or more days in jail.
Avoid Both Fines and Jail by Agreeing to House Arrest
House arrest may seem like nothing until you have actually spend more than a week cooped up inside your house and not be able to go anywhere or do anything while everyone else has more freedom than you. Still, if your lawyer has the option and the ability to convince a judge to put you on house arrest instead of forcing you to pay a fine and spend time in jail, go with it. At least you can have greater access to visitors, eat better food, sleep in your own bed, and use the bathroom in private.
Community Service and Counseling
Community service involves tens to thousands of hours of helping in the community. It could be anything from soup kitchen duty to cleaning up highways and roadways. If you get community service in lieu of all of the above, you may also be required to seek counseling to avoid another DWI in the future.