Asker
I was charged with misdemeanor DUI....since I have a prior felony DUI from 4 years ago I am concerned that is will be changed to felony at arraignment. (felony DUI was b/c I had 4 within 10 years)
I was charged with misdemeanor DUI....since I have a prior felony DUI from 4 years ago I am concerned that is will be changed to felony at arraignment. (felony DUI was b/c I had 4 within 10 years)
A new DUI within 5 years of a past felony DUI is troublesome. However, I noticed you told another attorney that your BAC was .09%. That is definitely on your side! There is a lot that a competent attorney, like myself, can do with that. There could also be defenses based on the facts of your stop. You're in a better position than if you had a higher alcohol level in your blood. If you want to discuss this more, I'd be more than happy to speak with you! My office number is 760-778-7615. My cell is 760-668-8295. I give all of my clients my cell so that I am always accessible to them. Good luck!
**I was arrested for the felony DUI 10.16.2007....this last DUI was 07.27.12...so about 2.5 months under 5 years. With my BAC being low...and me being about 2.5 months under 5 years...do you think I have even a little bit more of a chance to plea misdemeanor? I would like to call you but it's a Saturday and do not want to disturb you !
Also, is the time frame calculated from my arrest date or sentence date? I hope arrest date...b/c I went back and forth to court for about 4 months after arraignment
It's normally the arrest date. There are some arguments to be made in your defense. Feel free to call me whenever you'd like. I am available to clients 7 days a week. When people are facing serious time in custody, I can't reasonably work Mon-Fri from 8-5. I am available whenever client's need me.
Yes, I am definitely getting an attorney. Just trying to educate myself as much in the meantime. Thank you for the information. i appreciate it!