I blew a .192 the second time do you think I have to do any jail time?
DUI / DWI Attorney
What I think you are asking is whether you should NOT tell your lawyer about a prior OVI, because it got expunged, and is off your record. And, I assume you are hoping that because you do not tell your lawyer that you had a prior that got expunged, he may be able to try to do that for you again?
If that is the question, I would second, that you should tell your lawyer everything. Nothing worse than not telling your lawyer that you had a prior DUI, and it is the Judge that winds up informing your lawyer you had a prior...and only during your sentencing/plea hearing. I have had it happen in the past. Not good. Judge will think the lawyer lied/misrepresented. Then the lawyer will put you on the hook, and say how you lied ot him. Then you are toast with the judge!
Tell your lawyer everything. Lest you want to be without a lawyer and facing significant jail time for the DUI and possibly for lying to the judge.
Attorney Mark A. Deters
Deters Law LLC