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Getting a DUI while you're still pending a DUI?

Kansas City, MO |

Received 2 DUIs in 1 month. 1st DUI, I blew .13 and ran off the road (accident, nobody injured). 2nd DUI didnt blow. Reason was I only had 2 beers in a 2 hr time period and was stopped for no particular reason other than the cop stating I didnt stop so I was not about to risk anything blowing into the machine. Now I'm in the biggest pickle of my life. The 1st DUI has not gone to court yet and the 2nd DUI is 1.5 months from now. The DUIs are in different counties. If convicted of the 1st DUI will the court for the 2nd DUI see it and automatically enhance penalties?

I feel my lawyer and I have good enough defense to reduce or even dismiss the 2nd DUI since there is no chemical evidence other than the refusal (admitting of guilt).

The DUIs happened about 3 weeks apart.

Attorney Answers 1

Posted

If these are the only DUIs that you have, the second DUI should only be filed as a DUI first, because it did not occur after you had been previously convicted of a DUI. However, the prosecutor may take the 1st DUI in consideration regarding what they will recommend as a dispositino. Like I said, it cannot be enhanced by law, because you have to have a previousl conviction, and the 1st DUI had not been closed. Keep consulting with your local attorney.

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What if the 1st DUI is closed and the person convicted while the 2nd is still ongoing? Can they enhance it to a 2nd offense after that point in time?

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