QUESTION
If I was detained for being intoxicated in public, will this affect a 3 year old DUI?
Asked on Oct 28th, 2013 on DUI/DWI - California
More details to this question:
Recently, I was temporarily detained for being intoxicated in public. I would like to know how this will affect me. A little over 3 years ago, I received a DUI and I would like to know if this will affect me in any way.
10 ANSWERS
You should hire a lawyer and get this relatively minor charge dismissed. By yourself you're going to get a criminal record, and it isn't worth it.
Answered on Nov 01st, 2013 at 8:33 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Probably not if you have completed probation.
Answered on Nov 01st, 2013 at 6:42 AM
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It is not clear from your question whether or not you are still on probation for your prior DUI or any other charges. If you are still on probation or parole, then the answer is, "Yes", it could impact you by subjecting you to possible jail time, extended probation or other sanctions as determined appropriate either by the judge (if you are still on probation) or by the parole board (if you are still on parole). It is also possible that a new charge of "Public Intoxication" could be filed against you. If that happens, the possible penalties range from zero to 180 days in jail and/or up to 1 year on probation and a possible fine of up to $1,000.00.
Answered on Nov 01st, 2013 at 6:36 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Without further information it is impossible to tell. Are you still on probation? Do you have a driver's license?
Answered on Oct 31st, 2013 at 8:32 AM
Tax Law Attorney serving Birmingham, AL
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Meadows & Howell, LLC
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In Alabama, individuals who are convicted of alcohol related offenses (including both DUI and public intoxication) must go through a court referral program. Alcohol related offenses that occur within a five year period will increase the level of the court referral program that you have to attend. Because your DUI occurred only three years ago, it is likely that you will be on a Level 2 or Level 3 court referral program, depending on your evaluation (if the court gives you one). Of course, all of this depends on the particular court you'll be in front of, as each jurisdiction might have slightly different rules for court referral programs, but multiple alcohol related convictions within a five year period will generally mean that your court referral program will have stricter requirements. Additionally, the prosecutor may refuse to nolle prosse the charges upon completion of the court referral program, which means that the public intoxication could remain on your record.
Answered on Oct 31st, 2013 at 8:28 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Not sure what you mean by affect. Is this DUI a conviction or one that he never been prosecuted yet?
Answered on Oct 31st, 2013 at 8:27 AM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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It should not unless you are still on probation.
Answered on Oct 31st, 2013 at 8:27 AM
Are you presently on probation on the older DUI charge? If so, yes, a new charge could be a basis to violate the probationary status. If not, the primary impact will be how the new charge is handled. Someone with a prior alcohol related offense may be treated somewhat more sternly than a first time offender.
Answered on Oct 31st, 2013 at 7:03 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Probably, because the probationary period for a DUI is 5 years.
Answered on Oct 31st, 2013 at 7:03 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Not unless you were on probation at the time of the detention and you were issued a citation.
Answered on Oct 31st, 2013 at 6:53 AM