QUESTION
I’m being charged with third offense DUI and I was never convicted of the second one what should I do?
Asked on Jun 16th, 2013 on DUI/DWI - California
More details to this question:
The second time I got arrested they just sent me home with no bail. I thought it was over. What should I do?
13 ANSWERS
Michael J. Breczinski
Well if you were never convicted then you have to get the records from that court since it is a defense to the OUIL 3rd charge.
Answered on Jun 20th, 2013 at 9:45 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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You cannot be charged with a third offense unless you have been convicted two prior times within the last 10 years. A DUI lawyer will know how to challenge the complaint at arraignment and potentially avoid not just the allegation of a third offense but maybe even able to help you avoid the charges you are facing completely.
Answered on Jun 19th, 2013 at 9:51 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Hire an attorney to represent you. At the very least, you are looking at a potential jail sentence of 3 months to one year.
Answered on Jun 17th, 2013 at 8:46 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Get an attorney. If convicted, you are going to jail for a long time.
Answered on Jun 17th, 2013 at 5:47 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You need to hire an attorney to go through the court files and see what happened. The second DWI will affect the outcome of the third DWI.
Answered on Jun 17th, 2013 at 5:46 PM
3 Awards
just bc you do not pay bail does not mean no charges - a summons is when you sign an agreement to appear in court - did you? if no 2nd conviction, then your attorney can figure that out - maybe the DA or judge. In response to your DUI Questions: I am a criminal defense attorney that focuses on DUI cases. If you would like to discuss your case, please contact me. Some important information- If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
Answered on Jun 17th, 2013 at 5:44 PM
Geoffrey MacLaren Yaryan
It sounds like they decided for whatever reason to charge you with the second on, and now with the third one. If this is true you have one prior conviction and two pending cases.
Answered on Jun 17th, 2013 at 5:42 PM
2 Awards
You should hire a local criminal defense attorney to represent you for both cases.
Answered on Jun 17th, 2013 at 5:42 PM
Time to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Jun 17th, 2013 at 5:40 PM
Criminal Defense Attorney serving Chicago, IL
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Law Office of Andrew Gable
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Hire a lawyer. A third offense can be a very serious charge. Your lawyer will be able find out what happened with second case and correct any mistakes.
Answered on Jun 17th, 2013 at 1:54 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should engage a good defense attorney immediately. Clearly there is something wrong and they third DUI, if you aren't Michigan, is a felony and capable of generating very significant prison time. Call my office or in other attorney mediate late for an appointment. In the meantime do not speak with any of the authorities without counsel.
Answered on Jun 17th, 2013 at 1:54 PM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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You need to hire counsel right away to determine the status of that second offense. A third time DUI carries hefty jail time, enhanced fines, etc. Act now.
Answered on Jun 17th, 2013 at 1:53 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
4 Awards
You need to speak to a DUI attorney in your area as soon as possible, to handle the new DUI arrest, and potentially the previous DUI arrest. It sounds like there may be an issue with a warrant based on the 2nd DUI arrest that you may not be aware of. Was the arrest for the 2nd DUI in the same county as the arrest for the 3rd DUI? An attorney can look into this for you. Regardless, if there was no conviction at all, then it should not be prioritized. Your attorney can deal with that as well. There is a lot of work to do defending a 3rd DUI, and you should not try to handle this without an attorney. Add to it that yours is not a typical 3rd DUI situation, and that furthers your need to have a qualified attorney handle your matter. There are certain motions, timing of handling matters, etc. that can potentially be very beneficial in your case to potentially get the 3rd DUI treated as a 2nd DUI, as well as other defenses in the case altogether. I can be reached through 1duilawyer.com and would be happy to speak to you about your case. There are a lot more details that need to be flushed out before a specific assessment of your situation can be given.
Answered on Jun 17th, 2013 at 1:53 PM