Got pulled over for a second Dui while on probation for the first

Asked about 1 year ago - West Jordan, UT

The first DUI i got pulled over for i pleaded guilty to an impaired driving charge, while on probation i got pulled over for the second time (stupidity at its finest). my question is that would the first charge be upgraded to a DUI, and the second charge a second DUI, or is it possible for a Defense lawyer to make a deal to allow the first one to be as it is and the second one to be charged as a first DUI conviction, and if it is, would my driver licence suspension be reduced from two years to 120 days ?

Attorney answers (3)

  1. Russell Stephen Pietryga


    Contributor Level 12


    Lawyers agree

    Answered . The impaired driving conviction could be upgraded as a DUI. It depends on what type of impaired driving you entered a guilty plea too. You are going to have to go back to the initial plea and see if the impaired driving would be entered based on successful completion of probation.

    It is possible to keep the 1st DUI as an impaired driving. However, the 2nd DUI charge will be stay a 2nd offense. Why? Well, when you entered a plea to the impaired driving you were notified that the impaired driving could be used to enhance future DUI charges for a period of 10 years.

    Your driving privileges may or may not be suspended. Depends on the outcome of the DMV hearing and the court proceedings. That said, if, the DMV suspends your license it will be for 2 years. Or, if you are found guilty of the 2nd offense, the DMV will suspend for 2 years.

    I suggest you request the driver license hearing within 10 days and see if you prevail at that hearing. If you do, you could have more options when it comes to your driver license.

    Do yourself a favor and contact a DUI attorney. Hope this helps.

  2. Daniel Nelson Deasy

    Contributor Level 20


    Lawyers agree

    Answered . You are looking at major problems here. Hire a criminal defense attorney.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  3. Christopher Daniel Leroi

    Contributor Level 20


    Lawyers agree

    Answered . Hire a criminal defense attorney as soon as possible and stop driving and drinking.

    The information provided in this answer does not create an attorney-client relationship and is not considered to... more

Related Topics


The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

DUI arrest

A DUI arrest must be based on probable cause: the officer must have enough evidence to arrest, as determined by a combination of factors.

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