QUESTION
Will I go to jail if last year I got aggressive driving (alcohol) and this year got a DUI?
Asked on Nov 09th, 2012 on DUI/DWI - Michigan
More details to this question:
Last year I was initially charged with DUI for sleeping in my vehicle but it was then brought down to aggressive driving alcohol involved. Last week, I was charged with a DUI (bac .226). What are my chances of going to jail? My argument is that the last offense I was simply sleeping in my vehicle. This time I am completely guilty as I made a bad decision.
6 ANSWERS
Gary Moore
Hire a DUI lawyer.
Answered on Jun 13th, 2013 at 12:42 AM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
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The new DUI may be considered as a 2nd DUI based upon the previous "aggressive driving - alcohol involved" charged. In addition, a BAC of .226 is excessive and does carry potential mandatory jail time. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Nov 14th, 2012 at 4:35 AM
Michael J. Breczinski
With a .226 the chances of going to jail are pretty good. You should get into treatment right now. It will help with the case.
Answered on Nov 14th, 2012 at 2:37 AM
A DUI is about much more than the BAC. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license from a very long suspension.
Answered on Nov 14th, 2012 at 2:12 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
Partner at
Law Offices of Phil Hache
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When you say that your last conviction was aggressive driving (alcohol), I am assuming that you were convicted of a VC 23103 per VC 23103.5 (otherwise known as a wet reckless). If that is the case, then this current DUI will be charged as a 2nd DUI offense (even though the first DUI was technically reduced to a wet reckless). If convicted of a 2nd DUI, then statutorily, there is mandatory jail time of at least 96 hours (and up to a year). Plus, since your BAC came back above a .20, it is considered an enhancement charge subjecting you to additional penalties. The fact that your first was reduced to a lesser offense is beneficial in comparison to a prior conviction with a high BAC like in this case...but it is still considered a DUI for priorability purposes, again, assuming it was a wet reckless you were convicted of the first time. You need to speak to a DUI attorney in your area to discuss the particulars of your case in more detail. What court is your case in?
Answered on Nov 13th, 2012 at 2:23 AM
Steven D. Dunnings
The circumstances of your prior conviction do not matter, you plead or were found guilty of the charge. With a second offense and the high level of your BAC going to jail is a likely prospect unless the court has a sobriety program. Start getting into a program now.
Answered on Nov 13th, 2012 at 12:04 AM