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 ?
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.
General Practice Lawyer
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. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.