QUESTION

Is it possible to release a 2nd DUI into a first since I did not have any trouble with the law in years?

Asked on Mar 29th, 2013 on DUI/DWI - Michigan
More details to this question:
I got my first Driving under the influence charge in 2008. In March 24 2013, I received my second one. I did hire an attorney and he explained that since I have not had other issues with the law of any type in years, he might be able to reduce my 2nd charge to a first driving under the influence charge. Is this possible? I am also nervous if the worst comes to the worst I might spent 30 days in jail. Could I get released to work?
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5 ANSWERS

Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
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Yes, it is possible to get a second offense reduced to a first offense, the prosecution has to make certain representations regarding the prior conviction which may be challenged, and if successful, may result in the prior conviction being "struck." I have never been able to get a second offense reduced to a first based solely on the "clean" record of my client, usually it requires hard work and investigation to get these cases reduced or dismissed, the prosecution tends to be more aggressive in these types of cases. Regardless, many counties have programs for jail credits that permit people to keep their jobs, homes, families, and still satisfy the jail component of the sentence.
Answered on Apr 09th, 2013 at 7:46 PM

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Michael J. Breczinski
Yes it is possible to get it reduced to a 1st DUI. Also you should get tested for alcohol abuse now and start whatever treatment they recommend. This will maximize your chances of staying out of jail. Also start AA and have an attendance sheet to show the judge.
Answered on Apr 02nd, 2013 at 12:55 PM

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Your lawyer doesn't know what he/she is talking about. There is no way your DUI can be a first, since it is within 10 years of a prior. The way to handle this kind of case is to try and seek a reduction in charge. And you're wrong, the worst case is 1 year in jail, not 30 days! Do yourself a favor and hire a DUI specialist this time, and do it soon because you have only 10 days to save your license.
Answered on Apr 01st, 2013 at 8:57 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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The attorney you spoke with knows more about your case than I do.. since I only know what you told me. An attorney can be of far more value than you trying to go it on your own... unless you plan to plead as charged.
Answered on Apr 01st, 2013 at 8:41 PM

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Criminal Defense Attorney serving Brighton, MI at The Law Office of Steven M. Dodge, PLLC
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The answer to your questions depends almost entirely on who is your judge and who is your prosecutor. Without that information, no one can say for sure. If you want to pass that information along, I would be happy to try to provide some answers.
Answered on Apr 01st, 2013 at 8:16 PM

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