okay my boyfriend is now facing his fifth dui. he has one in ny, cali, Massachusetts, and the four I am not sure. but he ostensibly now facing his fifth in Indiana. what can we expect to happen. his bail is set to 750.
This is a very serious situation. I have no idea how far apart the DUIs (or OVWIs as they are called in Indiana) are, but here is a general breakdown.
If you have a second DUI charge within 5 years of your last DUI conviction it will be charged as a D felony. The maximum amount of time for a D felony in Indiana is 3 years. BUT, if the state charges the Habitual Substance Offender charge b/c your boyfriend has two prior unrelated DUIs then the maximum time on a D Felony is 11 years. This is very scary.
Please consult an experienced DUI attorney.
Much will depend upon what Indiana knows of his record, the length of lookback in Indiana, the facts of this specific case, and where he is licensed now.
I assume from your address that he lives in Indiana. If Indiana is aware of the prior convictions he may face enhanced charges, including the possibility of a felony. My understanding is that Indiana looks back ten years. If a prior DUI conviction occurred in that time it can be counted for enhancing the charge. The penalties for enhanced charges will be longer. Also, just because a conviction is outside of the ten years does not mean a judge cannot consider it at sentencing and give a longer sentence.
I am certain that your boyfriend is at risk of substantial jail or prison time, fines and license suspensions. He needs qualified DUI counsel immediately. He should contact a DUI lawyer and meet with that lawyer soon. Usually, a first consultation is free or for a low fee.
Do not post case facts here. This is a public forum. Prosecutors and police read these posts. The facts should only be discussed with a lawyer.
It certainly helps that his others are out-of-state but if the prosecutor digs into his history, it will affect his case. The first question that must be answered is the extent to which his latest charge is defensible because, if he is not convicted of this latest one, his history is irrelevant. The county of prosecution is also a factor that must be considered.
There are mandatory minimum sentences for anyone with prior convictions of OWI or offenses substantially similar to OWI from other states. If your boyfriend has two or more prior convictions at any time, he faces a minimum of 10 actual days in jail or 360 hours of community service if he is convicted of a misdemeanor OWI. If he is convicted of a felony OWI, it is non-suspendible, meaning he must serve at least the minimum 6 month sentence.
There are also mandatory minimum court-ordered license suspensions and exposure to Habitual Traffic Violator (HTV) status depending upon the timing of the prior offenses.
He is in urgent need of a qualified drunk driving defense attorney who is familiar with the court in which he is charged.
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