I haven't been charged for anything yet, I haven't seen anything come in the mail. The accident happened on 4/12. I was taken to Harborview and the people that I hit were completely fine. I am currently on probation for my 2nd DUI which is deferred. I know that I'm looking at jail time but is there a way to lessen that time? If I check into an intensive outpatient treatment program right now, do the Victims Panel and the 8 hour Alcohol course on my own before I have my arraignment, will that help me stay out of jail? Is it possible that I could get the alcohol monitoring band and home arrest instead? I have a great job I don't want to lose and I want to show the court that I'm taking the initive by getting the help I need and starting treatment asap. Thanks!
You are doing the appropriate thing now by being proactive, but it is impossible to answer your questions without knowing more about your exact situation. If you are involved in a traffic accident while on a deferred prosecution there should be no consequences unless you are charged with a crime related to the accident, such as another DUI, reckless driving, vehicular assault, DWLS, negligent driving in the first degree, not having an ignition interlock installed in your car, or even not having proof of insurance. Another problem could exist if law enforcement believe you were driving after consuming alcohol, and/or you refused to submit to a blood draw. All of these potential situations could result in revocation of the deferred prosecution and subsequent sentencing, in addition to additional criminal charges.
It sounds like you may have been drinking at the time of the accident and are currently under investigation for your third DUI. If your blood alcohol content on this new case was over .15 (or you refused the blood/breath test) you are facing a mandatory minimum 120 days in jail plus an additional 150 days of electronic home detention. This does not take into consideration the potential sanctions imposed with the revocation of the deferred prosecution.
If you were taken to Harborview, it is likely law enforcement requested a blood draw. It does take several weeks for the WSP crime lab to process the blood, so it is not unusual for you to have not yet received a court date.
Since there are so many variables in your situation, it is imperative you consult immediately with an experienced DUI attorney to discuss you best options.
Retain a criminal defense attorney concerning this matter. I suggest you follow his or her advice as to how to proceed.Someone familiar with DUI prosecutions in your area will know whether or not the things you propose will be helpful.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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