QUESTION
Should I expect some jail time for three DUI’s?
Asked on May 31st, 2013 on DUI/DWI - Nevada
More details to this question:
I had my first driving under the influence offense in 2000, 2nd in 2001 and have 3rd now after 12 years.
13 ANSWERS
Michael J. Breczinski
In Michigan this would be a felony punishable by up to 5 years in prison. Get a lawyer.
Answered on Jun 06th, 2013 at 9:45 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If your 1st 2 DUIs were more than 10 years ago, your new charge should be filed as a 1st time DUI. With that being said, you have a potential 96 hours to 6 months jail sentence, at least 48 hours of which must be continuance. Depending on the County where the arrest occurred, generally a 1st time DUI offender, with a good attorney, will do little, if any, jail time. However, the defendant will need to jump through some hoops and will be on informal probation from 3 to 5 years. The courts usually order that the defendant pay a fine and penalty assessments which amounts to approximately $1,800.00 plus various other court costs and fees, and either community service or community labor. In addition the defendant must enroll and complete a DUI program. Some courts also require that the defendant participate in a HAM (Hospital and Morgue) Program, MADD (Mothers Against Drunk Driving) Program and have their license suspended. Some courts also require an interlocking device be placed on the Defendant's car, although they can, and sometimes do, defer this to DMV.
Answered on Jun 03rd, 2013 at 10:27 PM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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Typically yes.Depends on the state u live in. In Wisconsin jail is mandatory from a second and above.
Answered on Jun 03rd, 2013 at 10:27 PM
You got lucky. Its only your first. The 2000 and 2001 ones are over 10 years so not priorable. But you still need to hire a DUI specialist if you don't want another DUI on your record.
Answered on Jun 03rd, 2013 at 10:26 PM
William A. Siebert
Yes.
Answered on Jun 03rd, 2013 at 10:26 PM
Auto Accidents Attorney serving St. Paul, MN
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Arechigo & Stokka, P.A.
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If this is your first DUI offense in the last 10 years and there are no aggravating factors - such as an elevated blood alcohol content or children in the car - then it will be charged as a 4th Degree Misdemeanor DUI, which is essentially a first-time offense. A 4th Degree DUI does not carry mandatory jail time if convicted.
Answered on Jun 03rd, 2013 at 10:26 PM
Alexis Anne Plunkett
In Nevada, defendants are progressively sentenced for subsequent DUI's, but all convictions must occur within 7 years. In other words, your third DUI in 2013 would count as a first DUI. Therefore you are unlikely to do any jail time outside of what you may have served upon arrest.
Answered on Jun 03rd, 2013 at 10:26 PM
Litigation Attorney serving Charleston, SC
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The Falk Law Firm, LLC
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In South Carolina the "look back" period for prior DUI convictions is 10 years for the offense date. Therefore this should be treated as a DUI 1st, which carries jail time of 2 days minimum to 30 days maximum. Even though they cannot consider your prior offenses to enhance your charge to a DUI 2nd or 3rd, I would expect the judge will have access to your complete driving record, and he may consider imposing a sentence at the higher end of the sentencing range.
Answered on Jun 03rd, 2013 at 10:25 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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Well, let me start by saying that I would need to know more about your current DUI to better advise on what potential penalties would be. For starters, what court is your new DUI charge in? To your benefit, the 2 prior DUI's should not be used against you as sentence enhancements because they occurred over 10 years ago. That being said, even if this is treated as a first DUI for sentencing purposes, I would not expect the prosecutors to be very lenient based on the fact that you have two prior DUI convictions...even if they can't be used as priors for sentence enhancement purposes. I strongly recommend that you consult with a DUI attorney in your area to discuss the factors behind the current DUI and the previous DUI's as even non-priorable DUI's can have an effect on how prosecutors approach a current DUI case. There is more info about DUI's at 1duilawyer.com .
Answered on Jun 03rd, 2013 at 10:25 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Maybe, while you are looking at first offense (10 years between your last offense and your new case) some Prosecutors may point to your prior convictions as justification for custody time. A DUI lawyer can likely help you avoid jail, at the least, possibly more deepening on the facts of your case.
Answered on Jun 03rd, 2013 at 10:25 PM
In Colorado, you should expect a minimum of 60 days in jail and probably closer to 180 days. There are other concerns and penalties for multiple offenders, you should retain a local DUI attorney. 686.
Answered on Jun 03rd, 2013 at 10:24 PM
James Edward Smith
Yes.
Answered on Jun 03rd, 2013 at 10:24 PM
Benjamin Echols
Probably not. Your priors are over ten years old. Talk to a DUI attorney if DA wants jail time. It also depends on your court. Some judges are requiring jail tlme on a first DUI.
Answered on Jun 03rd, 2013 at 10:24 PM