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I took a breathalyzer twice. Springfield sent paper saying first DUI. Will judge think this is the first also if the other was in 1997?
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Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Absolutely!! There may be enough passage of time that it well be considered a first offense, which is mandatory minimum of one day in jail. If this is considered a second offense, then mandatory minimum is 30 days.
Answered on Apr 24th, 2014 at 6:16 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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If prior DUI happened in 1997, this is treated as first DUI for punishment purposes.
Answered on Apr 24th, 2014 at 5:42 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It will be treated as a first offense since you can only be charged as a second offense if it occurred within 7 years. However, the judge will know about your previous conviction and many will sentence you as a second offender. Jail is always a greater possibility or even a likelihood the second time around. That is why more than ever you need to be represented by an experienced a DUI lawyer.
Answered on Apr 24th, 2014 at 8:58 AM