In 2008 I had a DUI amended to reckless driving, and now in 2011 I got a new DUI. While in court yesterday my public defender and the judge were uncertain as to the way this would effect my license? My public defender thinks it will only suspend my license for 90 days yet the judge thinks it would be 2 years. Either way my public defender said I could get an interlock license and still drive. Can I get some clarification as to the consequences if I just admit guilt and take the 230 days in jail??
The judge is correct. The new DUI would be considered a second DUI for all sentencing purposes. The length of the license suspension you face will depend on whether your BAC was above .15 (300 days), below .15 (2 years) or you refused the breath test (3 years). You have 20 days to request a hearing with DOL or the suspensions will occur by default, regardless of the outcome of the criminal case.
The above gentleman are correct.
Do not simply admit guilt. You'd be amazed at how often we are able to get good results in cases that at first blush look unwinable. Don't do anything until you've had an opportunity to review discovery with your attorney. My office just negotiated a reckless on a DUI where the gal had a BAC of .23.
Call a skilled DUI attorney. Request a DOL hearing. Don't make any decisions until you have all the information.
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