I have 2 pending dui charges from 2 different states. I also have a prior DUI. Which Dui should I settle first?

The dui in Florida
Additional information
Additional info: I was convicted of a DUI in 2007 in the State of Washington. In march of 2009 i was charged with a DUI 2nd offense in Florida and in August of 2009 charged with a DUI in Oregon. If I accepted the dui in OR, will Florida charge me with a third dui which is actually a felony. I wouldn't think Florida will run my record again since my attorney in florida has already been working on the case and therefore would not find out about the Oregon matter. Therefore, it would be like getting two 2nd dui's? By the way my license is from Oregon. Conversely, if I handled Florida dui first, take the 3rd dui in Oregon, then I risk not getting a felony, but lose license forever. Oregon is 4dui = felony whereas Florida is 3.
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Answers (4)

Karyn T. Missimer

Karyn T. Missimer Avvo Pro

Contributor Level 7
It is extremely difficult to answer your question, as you do not tell us what state the other DUI is in (It may not be your home state of OR.). Even if we knew where both DUIs were, we still probably could not answer your question. The answer depends on the facts in each case (which you should NOT post here), as well as the severity of the penalties in each state. You must consider the pros and cons of being convicted of 2nd and 3rd offenses in both states, as well as the aggravating and mitigating circumstances in each case. Generally, the case with the most mitigating circumstances should be resolved last, leaving the more aggravated case for first/the least penalty exposure. But, you may have a valid defense in the more aggravated case; and that may not be the best move for you.

Bottom line: You need to hire experienced DUI defense attorneys in both states. You can find experienced DUI defense attorneys through the National College of DUI Defense: www.ncdd.com.

Good luck!
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Edward Jerome Blum

Edward Jerome Blum

Contributor Level 7
I don't practice in OR, but if both have been charged as 2d time DUIs you could have a handful of trouble. You need to contact an experienced DUI attorney who will undoubtedly have strategies to minimize your exposure.

Edward J. Blum
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Jeffrey B Goldman

Jeffrey B Goldman

Contributor Level 4
1) Figure out which DUI carries the highest sentencing Penalty.
2) Get Sentenced on the case with the highest potential penalty first.

Basically, put your DUIs on an excel spreadsheet and create a few what if I pled to this first and that second scenarios.

After you do that, you will be ready to hire an attorney.

This is a general discussion of DUI sentencing principles and does not create an attorney client relationship. Hire an attorney in your state. I'm licensed to practice in Washington.
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Denis Hurley White Jr

Denis Hurley White Jr

Contributor Level 3
If, as you say, you have a lawyer in Florida why are you not asking him or her? It seems to me to be a dangerous proposition to keep this from that attorney. The best bet for you very well may be for the Florida lawyer to help you find someone in Oregon that he or she can work with on the timing of the resolution of the two cases. A side issue will be determining whether the old case can be used as a prior in Florida or Oregon.
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