QUESTION
I was arrested for DUI 3 times but was never convicted can 4th DUI be treated more harshly?
Asked on Feb 01st, 2013 on DUI/DWI - Nevada
More details to this question:
Because I was arrested for DUI 3 times over 20 years, yet never convicted, can I be treated more harshly for a 4th DUI because the state keeps records of all DUI arrests?
8 ANSWERS
John J. Carney
I doubt that you were never convicted of anything. My guess is that you were convicted of Impaired, or DWAI, a violation in New York and other states. Unless they could not prove you were driving you would not have been acquitted, but that is just my guess. If they were all violations you would still face bigger problems on a fourth arrest and the judge will likely give you a year on the misdemeanor if you are convicted. It is much safer, easier, cheaper, and smarter to take a taxi home if you are drunk.
Answered on Feb 18th, 2013 at 10:44 PM
Michael J. Breczinski
If you were never convicted then it is still OUIL first.
Answered on Feb 07th, 2013 at 6:40 PM
Criminal Law Attorney serving Worcester, MA
at
Gregory Casale, Attorney at Law
Update Your Profile
Theoretically, no. Realistically, DA;s do look at previous arrests not ending in Guilty when making plea offers. However, your attorney does not have to agree to any offer the DA proposes. S/he can propose his own offer to the judge. However, if the judge refuses to adopt the plea, you have to either take the one the judge offers or go to trial. In MA, the sentence for a conviction of an OUI is not much different than what your lawyer should be asking for anyway so you have little to lose.
Answered on Feb 06th, 2013 at 1:49 PM
Drug Charges Attorney serving Houston, TX
at
Cynthia Henley
Update Your Profile
If you have no convictions, they cannot enhance your punishment but they can offer you a worse sentence than they would a true first offender.
Answered on Feb 06th, 2013 at 1:49 PM
Yes. A 3rd DUI is a felony.
Answered on Feb 05th, 2013 at 1:42 PM
Unlikely because they're so old. But you do need to hire a DUI specialist, and soon because you have only 10 days to save your license.
Answered on Feb 05th, 2013 at 1:42 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
That should not occur, get a good attorney.
Answered on Feb 05th, 2013 at 1:41 PM
James Edward Smith
The Judge will probably take those 3 arrests in to consideration in the sentencing.
Answered on Feb 05th, 2013 at 1:40 PM