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Can I get weekend jail for a 3rd DUI with totaled vehicle in Maryland?

Millersville, MD |

Can I get weekend jail time for my DUI? I am not guilty of third and awaiting trial to try the case, I did win the mva case and now I have a new charge with the accident.. I'm attending AA and alcohol classes. I have learned my lesson.. I know I will be serving jail I'm just hoping being a single mom in Maryland I will somehow get the weekend option?? Have u seen a case where the DUI charges are back to back? No one was harmed just hit a park car but totaled mine and blew a 1.8 and haven't even been tried for the 2nd! Will a DUI lawyer help me get weekend jail or reduced jail time?

Attorney Answers 5

Posted

I am not going to predict the jail consequences, but strange as it may seem, it is better to have had two DUI's back-to-back than to get sentenced and placed on probation on one followed by a charge on another while on probation or shortly after. This way, you can argue you have an alcohol problem which led to the two DUI's, but now are in treatment and are addressing the problem. Absolutely hire an experienced DUI attorney and do not try to do this on your own. There are many options available, and creative alternatives to explore short of straight jail time, (like weekends in jail for a DUI) but you need to prepare things properly beforehand.

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Asker

Posted

Any idea about my license after the mva? Ofcourse interlock but with points for 2 duis will I loose my license? Anychance of a modified license to drive?

Mark William Oakley

Mark William Oakley

Posted

Upon conviction, points will be assessed. You will face either revocation (likely) or suspension. It is in the discretion of the Administrative Law Judge to modify a suspension (not a revocation) to continue the interlock program, modify to a work restricted license, or to allow for attendance at court ordered alcohol programs. The ALJ (or the MVA on its own) may also refer your license for review by the Medical Advisory Board of the MVA, which can indefinitely suspend your privilege based upon suspected substance or alcohol abuse which makes you a habitual risk to public safety. If that happens, you will have to fill out lengthy forms, provide numerous supporting documentation proving you have and are addressing your alcohol problem, etc. It is a complicated process. A lawyer would be a wise investment for all of the MVA matters, not to mention the court appearances and possible jail issues you are facing. Perhaps a motion to consolidate the two DUI's and work out a global plea deal for both would be an option to explore.

Posted

I'm not sure if you have an attorney yet as you referenced the trial, but if not, I would strongly suggest hiring an experienced DUI attorney to handle both matters. When was your 1st DUI? And are you still on probation for that offense. 3rd offense DUI's carry significant penalties. Jail alternatives may be a possibility. Perhaps house arrest with a Scram device (that monitors you by way of ankle monitor to ensure you are not drinking alcohol) may be an option. Perhaps combined with a treatment program, etc. Contact a DUI attorney or two in your area to get a better assessment of your case and some sentencing possibilities.

Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.

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Posted

Anything is possible, but you need to prepare for what is likely. Chances are that almost all judges will expect an alcohol evaluation and treatment of at least 26 weeks, perhaps on an inpatient basis, or they will think that they must impose jail to try to get you to see what they see. They are likely to reply that you might not be around for your child.

Get intensive treatment and an attorney.

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Posted

I agree with both Messrs. Oakley and Welch. There are always some defenses to a DUI, even in those that I have represented where a follow on DUI happened before the previous one was even not yet resolved. But it is critical to have a competent attorney through this process. There are options beyond taking the matters to trial separately, including DUI-court and others. Don't wait. Retain an attorney who routinely and competently represents DUIs.

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Posted

I am sure that the gentlemen here are excellent attorneys. If your case is in Anne Arundel County, I might suggest also contacting Greg Kline of Severna Park. His number is 410-541-6384 and he handles tricky DWI situations. Good luck!

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