QUESTION
Will a judge show leniency if the DUI charges are 6 and 1/2 years apart?
Asked on Feb 11th, 2013 on DUI/DWI - California
More details to this question:
It's been over 6 and 1/2 years in between my first and second Driving under the Influence charges. Will a judge show leniency because of the time gap?
8 ANSWERS
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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Without knowing who your judge is, it is impossible for me to answer this question. Sometimes a judge will demonstrate some leniency on these facts but not in all cases.
Answered on Feb 14th, 2013 at 2:51 PM
John J. Carney
You should retain a good DWI lawyer and hope that he is able to get the case lowered to a DWAI violation. If you have a clean record and live in a large city you will get probation or a fine unless it was a high BAC, such as .18 or higher.
Answered on Feb 13th, 2013 at 4:29 PM
Michael J. Breczinski
Maybe it depends on all the facts in the present case.
Answered on Feb 13th, 2013 at 10:12 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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No. It will be considered a second offense. If convicted, you are looking at a mandatory minimum of 30 days in jail, $ approximately $2200 in fines and assessments, 2 year loss of license, one year interlock requirement after your license is restored, and alcohol/drug treatment as determined by the court.
Answered on Feb 13th, 2013 at 10:12 AM
Adoptions Attorney serving Lansing, MI
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Each judge is different, but generally a second offense is always worse than a first offense no matter how long the time period has been. The impression many judges will have, accurate or not, is that you have been drinking and probably driving during this interval and you have just now been caught again. It's not unheard of for a lot of judge to sentence you to some jail time for a second offense so I would strongly urge you to retain an experienced DUI attorney in your area. The penalties are much more severe than first offense DUI and since it's been less than seven years, you are looking at a mandatory loss of your driver's license and that can be a costly nightmare in terms of time, money, and effort to get back. Have a DUI attorney thoroughly review the case against you for the best possible outcome.
Answered on Feb 12th, 2013 at 4:59 PM
Nope. A DUI is priorable within 10 days, so 6-7 years won't cut it. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Feb 12th, 2013 at 4:49 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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The "look back" period in California is 10 years, the more time between offenses generally affects sentencing in a positive way (it gets more lenient) but it is still a second which means the mandatory minimums are still pretty harsh. You should consult with a DUI attorney regarding the facts of your case and possible defense, it may be that your case can be reduced or beaten by a skilled attorney.
Answered on Feb 12th, 2013 at 4:49 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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The farther apart the prior DUI conviction(s) the better off you are when it comes to negotiating a plea agreement with the prosecutor, entering an open plea to the court, or sentencing if convicted after a trial. Since you are in California, any DUI that was within 10 years from the current arrest will be priorable. So if you had a DUI 6.5 years ago, and you have one now, then the new one will be treated as a 2nd DUI with harsher potential penalties. I would highly recommend that you speak to a DUI attorney in your area to discuss your case further.
Answered on Feb 12th, 2013 at 4:48 PM