QUESTION

If my prior DUI conviction was amended and I got a new DUI charge, will that count as my second DUI?

Asked on Aug 12th, 2014 on DUI/DWI - Washington
More details to this question:
In 2011, I got a non drinking DUI (marijuana) amended to a negligent driving. I recently got a new DUI for drinking 0.14 in 2014, What are the consequences I'm looking at and can they count this as my second DUI?
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1 ANSWER

If the 2011 DUI was amended to Neg 1 under the same case number, it will count as a prior for purposes of the new case. If it went to Neg 2, or was refilled under a different case number, it will not. If it does count as a prior, the mandatory minimum penalties on the new case are 30 days in jail, 60 days of home detention, 2 year license suspension, at least a year with the interlock device and fines, plus an alcohol program and five years of probation.
Answered on Aug 15th, 2014 at 12:19 PM

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