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I just received a second DUI. My first was 6 years, 10 months ago. Am I close enough to the 7 year mark?

Seattle, WA |

My first was December 2005. I was reading online that 7 years is the time frame to be considered under the 1st offense frame. Am I close enough or is it to the date? I also did not receive any paperwork, nor was I told what my BAC was.

Attorney Answers 6

Posted

The 7 year time period is calculated from one incident date to the next. If the second incident date was less than 7 years from the first than it will count as a prior for purposes of sentencing. You should have been provided a copy of the breath ticket and a Department of Licensing Hearing request form at the time. The officer will than forward his police report to the prosecutor's office for charging. Once it is charged you will receive a court date. You should contact an attorney to discuss the specific facts of your case.

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Posted

There is no close enough. The rule regarding prior offenses is a hard and fast rule. This would be treated as a second offense for mandatory minimum penalties. Keep in mind that these are just the minimum sentence is the judge can impose. The judge still could sentence you up to 364 days in jail in a 5000 dollar fine for any DUI conviction regardless of the number of priors or when they occurred.

Prosecutors are usually more aggressive when it comes to repeat offenders as well. What this means is that the mandatory minimums maybe irrelevant. The prosecutor in the judge maybe out for a lot more. The prior offense will also affect the potential sanctions by the Department of Licensing. You need to get an attorney to work on your case sooner rather than later. You only have 20 days from the date of arrest to request a hearing with the Department of Licensing.

Scott. Lawrence
Law Office of Scott Lawrence

Sent from my Motorola Smartphone on the Now Network from Sprint!

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Posted

If you first DUI was in December of 2005 then this new DUI is within the 7 year time frame to be considered a second-offense DUI under the statute. It doesn't matter when they decide to charge you for the DUI it is actually the date when the DUI occurred to determine if it is within 7 years. If your breath test was above .15 then your mandatory minimum penalties for a second-offense will include 45 days in jail and 90 days of electronic home monitoring. If the breath test was below .15 then your mandatory minimum penalties will include 30 days of jail and 60 days of electronic home monitoring.

I would definitely consult with an attorney as soon as possible to determine if your case is triable or whether you are interested and would qualify for a deferred prosecution program.

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Posted

Hello, DUIs are calculated by the incident date, so this would be considered your second. The mandatory minimum for a second offense can be anywhere from 30-45 days in jail. The maximum is a year in jail. The officer should have given you paperwork from the department of licensing. You only have 20 days to request a hearing and if you do not, your license will automatically be suspended. You should contact an attorney as soon as possible to make sure that your rights are protected. Good luck.

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Posted

Incident date to incident date. Even though the mandatory minimums go up significantly for a second offense, you may be eligible for a deferred prosecution. You need to contact an attorney as soon as possible to explore options available to you. Often times, even with a second offense, there may be issues with the case and you may be able to get a reduction. An experienced dui attorney can evaluate your situation and your case with you.

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Posted

Seven years is seven years is seven years, not almost seven years. Sorry.

The dates, though are from time of first offense to time of second offense.

That you were charged does not mean that you are guilty, nor that they can prove guilt with competent evidence. You need an experienced DUI/OWI/DWI/Drunk Driving attorney to guide you through this and stick up for you. You need to do this quickly because even if you win your case, your license could be lost before you get to court.

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I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these Internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This Internet site is public forum, where the communications are not confidential or privileged.

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This AVVO Answer is provided for general educational purposes only. See “more” link below for more.

Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

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