QUESTION
How will previous DUI charges affect my current DUI charge?
Asked on Mar 25th, 2013 on DUI/DWI - Michigan
More details to this question:
I had been charged a few years ago for a DUI and was eventually acquitted and was curious about if that affects the new DUI charge.
6 ANSWERS
Criminal Defense Attorney serving Ann Arbor, MI
at
Law Office of Laurence H. Margolis PC
Update Your Profile
It should have no effect on your present charge. Technically, the prosecutor could try and use it to show some prior course of conduct, but with an acquittal I can't see them doing that in your present case.
Answered on Mar 26th, 2013 at 3:52 PM
Criminal Defense Attorney serving Bloomfield Hills, MI
Partner at
Law Offices of Marshall S. Tauber
2 Awards
Your acquittal is not relevant to your current charge and should not be considered but, if you are convicted this time you can bet that the probation department report will make mention of your prior accusation which your attorney should be on the lookout for
Answered on Mar 26th, 2013 at 12:13 PM
Michael J. Breczinski
If you were acquitted then the old matter will not affect the new matter.
Answered on Mar 26th, 2013 at 3:19 AM
Collections Attorney serving Okemos, MI
at
Cindy Mannon, Attorney at Law
Update Your Profile
If you were acquitted the law can't enhance your "new" DUI charge; however, the Judge may take your acquittal into consideration when sentencing, even if it is not fair and you won't know about it. I would never admit to a previous charge if you were acquitted. You should buy a copy of your Michigan Master Driving Record to see if they can still see if you were ever arrested for the charge you were acquitted on. It should not even show an arrest, but you won't know until you buy your Mi Master Driving Record from the Secretary of State ($8.00.)
Answered on Mar 26th, 2013 at 2:03 AM
Criminal Defense Attorney serving Brighton, MI
at
The Law Office of Steven M. Dodge, PLLC
Update Your Profile
A prior offense will mean that your maximum penalty will increase from 93 days in jail to one year in jail. You are much more likely to face time in jail on a second offense. Also, you will face a license revocation rather than merely a suspension. The fines and costs also increase. It's time to get an attorney. Write if you have other questions.
Answered on Mar 26th, 2013 at 1:44 AM
Small Businesses Attorney serving Livonia, MI
at
Klisz Law Office, PLLC
Update Your Profile
It shouldn't have an effect at trial. In negotiations, your attorney may have a tougher time dealing with the prosecutor if they know about the old case.
Answered on Mar 26th, 2013 at 1:35 AM