QUESTION

What will happen for 5th time DUI and DL revocation duration?

Asked on Nov 19th, 2012 on DUI/DWI - Michigan
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10 ANSWERS

William C. Gosnell
Two years in jail.
Answered on Nov 22nd, 2012 at 1:14 PM

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John J. Carney
You should retain a good DWI lawyer to handle the matter. You are definitely going to have a felony conviction and at least a year in jail. DMV will not give you a license and no insurance company will want to insure you.
Answered on Nov 22nd, 2012 at 1:14 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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You are looking at a possible felony DUI charge with a possible jail sentence of up to 3 years, 4 year license suspension, 90 day car impound, plus habitual offender status. If you have not done so already, I 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 22nd, 2012 at 1:12 PM

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In relation to the 5th DUI, if you are convicted in South Carolina, the law requires the following: for a fourth or subsequent offense, by imprisonment for not less than one year nor more than five years. If the person's alcohol concentration is at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent, then the person must be punished by imprisonment for not less than two years nor more than six years. If the person's alcohol concentration is sixteen one-hundredths of one percent or more, then the person must be punished by imprisonment for not less than three years nor more than seven years. (B) No part of the minimum sentences provided in this section may be suspended. Instead of public service employment the court may invoke another sentence provided in this section. For a second or subsequent offense of this section, the service of the minimum sentence is mandatory. However, the judge may provide for the sentence to be served upon terms and conditions as he considers proper including, but not limited to, weekend service or nighttime service in any fashion he considers necessary. It should also be noted that among other possible penalties, it is likely that you will be required to use an ignition interlock device in your vehicle for the rest of your life if you are convicted of a 5th DUI. As for a SC Drivers license upon conviction of a 5th offense, a permanent revocation of the driver's license is required for the fourth or subsequent conviction, plea of guilty or of nolo contendere, or forfeiture of bail. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations in regards to the license suspension part of the law.
Answered on Nov 22nd, 2012 at 6:33 AM

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Criminal Defense Attorney serving McKinleyville, CA at Law Office M. C. Bruce
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It will likely be filed as a felony. You will have to do at least 180 days jail time, probably more. There will be a hefty fine. Your license is revoked.
Answered on Nov 21st, 2012 at 7:46 AM

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Michael J. Breczinski
In Michigan you will be charged with a felony and could go to prison. You need a good attorney.
Answered on Nov 21st, 2012 at 6:57 AM

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You should consult with an attorney because most judges will be considering jail in this case. Of course many factors will be considered.
Answered on Nov 21st, 2012 at 6:56 AM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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This is very serious. Once you get three DUIs, it become a felony and if you are working on your fifth DUI, prison is a strong possibility. Consult with an experienced DUI attorney in your area as soon as possible.
Answered on Nov 21st, 2012 at 6:45 AM

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Personal Injury Attorney serving Wilmington, NC at Deaver & Deaver, PLLC
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There are many issues that need to be known before an attorney can answer that question. In NC there are 6 different levels of DWI and also a habitual level. There are aggravating, grossly aggravating and mitigating factors that determine what level you will be, if you are convicted at all. You should contact a DWI or criminal attorney.
Answered on Nov 21st, 2012 at 6:40 AM

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Automobile Attorney serving East Lansing, MI at Nichols Law Firm PLLC
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Jail or prison for starters if you are convicted.
Answered on Nov 21st, 2012 at 6:13 AM

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