It's recommended that you seek the assistance of a legal professional if you are facing a second DUI charge, as every state considers this a very serious offense. Having an existing DUI conviction on your record means that the law classifies you as a repeat offender. The result is steeper fines and penalties than someone who is only on their first offense. A DUI lawyer can help make fighting a second DUI charge less stressful and improve your chances of having your charge reduced.

License Suspension

In most states, getting charged with a second DUI means that your driving privileges will be suspended. You're given 10 to 45 days -- depending on the state -- from the date of your arrest to fight the suspension. You must request a court hearing to do so. The length of the suspension varies based on the state you received your DUI charge in and the circumstances. For example, if you receive the second DUI charge within 10 years of the last one, your license may be suspended for up to 1 year in California. You have the option of obtaining a restricted license after 90 days if you agree to and show proof of installing an anti-drunk driving device called an ignition interlock device in your car. The device requires you to blow into the mouthpiece, and the ignition will only start if the device detects no alcohol on your breath. 

Criminal Penalties

As a Class A misdemeanor, a second DUI offense brings the possibility of prison time of up to 1 year. For most states, a second DUI carries a mandatory requirement of 240 hours of community service, or five days in prison. You may also be subject to a fine of up to $2,500. Factors that influence penalties include your blood alcohol level. For example, if your blood alcohol level is .16 or higher, you face additional fines and penalties. Even if your blood alcohol level was below .08, you may still face penalties if you showed signs of impairment.

Aggravated Circumstances

The circumstances you were in when you were pulled over matter as well. Some circumstances are considered "aggravated," which would make it a steeper category offense. For example, if you were charged with a DUI while transporting a child, even if there is no bodily injury, it is considered an aggravated DUI. If there was bodily injury involved you face heavier penalties and additional fines.

For more information and advice, contact a DUI attorney at a law firm such as the Lowry Law Firm.