Asked on Jul 03rd, 2012 on Criminal Law - Colorado
More details to this question:
I just got my 3rd DUI yesterday, I passed a car in the HOV lane and got pulled over. Charged with careless driving, driving in HOV lane, execessive BAC, I blew a .242. I got my first DWAI in 1999, 2nd dui in 2005, now a 3rd. I will be proactive and hire experienced DUI attorney, start on anitbuse voluntary, enrolling in level 3 alcohol counseling classes voluntary, and will be selling my car as I know my license will be gone 1-2yrs. I am the sole income earning parent in my house and will try very hard to avoid long jail sentence, or work release like I got last time, house arrest..... I can miss a month or two of work and be ok, 6mos + will be devestating for me and my family. Looking for advise/prediction so I can lower my stress levels now as I'm freaking out. Any help/advise is greatly appreciated.
There is mandatory jail required in any DUI case above a .2 as well as subsequent offenses. You clearly have a disease that requires treatment. I strongly advise you to obtain an advocate who can present a mitigation argument for you as well as explore potential defenses. There are alternate terms for jail that need to be explored. I highly suggest you pursue an in residence treatment program in addition to the steps you are already taking.
Your efforts at being proactive is a good approach in an effort to minimize any potential jail sentence. The likelihood of jail certainly depends upon the jurisdiction.
A 3rd DUI often results in lengthy jail, especially with a big BAC. Being proactive with mitigation is a must. I would be happy to help you with your case and try to get the best result possible. It very much depends on the county you are in. Please let me know that. Lets schedule a meeting or phone conference. In response to your DUI Questions: I am a criminal defense attorney that focuses on DUI cases. If you would like to discuss your case, please contact me. Some important information- If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
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