In my DUI charge 20+ years ago I was never arrested. I was only 19 or 20 years old and did not really understand what was going on. A Public Defender took my case and said I should plea for reckless so I did. A few days ago I was arrested for DUI, I did not do a breathalyzer test. Is it possible to get this one also reduced and what type of sentencing are we possibly looking at. I am now 44 years old married with 3 children not that it matters but at a different point in my life. How does it work is this my second offense to DUI? What could be the ramifications of this. Jail time? I don't want to lose my job and ability to provide for my family.
You are facing first time offender DUI penalties bc your first one was reduced to a reckless. So you are lucky you are not facing mandatory jail time. The good news is that your charge is very old so most prosecutors will not hold it against you. You are looking at DL suspension, community service hours, DUI school, Victim Impact or Awareness program, probation, among other penalties. if you retain experienced counsel and you have some legal defenses and therefore some leverage, a lawyer may be able to negotiate a reckless for you. Of course each case is different and only after review of your paperwork by a qualified lawyer, can someone give you better advice. Also you need to apply for an administrative hearing within ten days. A lawyer can do it for you. For more information about DUI check out my DUI pages on my website. Feel free to call if you have more questions. Just mention AVVO.
If you don't remember the specifics of your prior charge, you shouldn't make any assumptions. It is up to the government to prove if you had any prior. Even if you do have a prior Reckless, this still only counts as your first DUI. Regardless, with proper representation, you may avoid sentencing all together, let alone jail. You can't get jail, or any other sentence, if you are not convicted. A good attorney will utilize your due process rights to maximize the chance that the case gets dismissed/dropped or that you are found Not Guilty. Often times, this will cause the State to want to compromise by offering a Reckless (although the fact that you had a prior Reckless may make them more resistant to being cooperative). Ultimately, you need a good lawyer to make sure you get the best possible outcome. Feel free to give me a call for a free consultation, at 407-426-5757. I can even help you to try to get your license back.
You would be best served by getting a good criminal defense attorney who regularly handles DUI cases. There are many in Cocoa, and there is one in Orlando named Jaeger who is very good. You are probably in a pretty good position based on what you are saying, but you shouldn't talk about it any more on the website, because you need to maintain confidentiality, and not say anything publicly that could be used against you.
I agree with the other attorneys but would like to add that you could potentially be charged for prior refusal if you previously refused a breath test and the state finds it. That doesn't have the mandatory minimums like a DUI but can be used against you as leverage. If you submitted to the breath test on the old case that isn't an issue.
This would be your first DUI, however the state and Judge could use the fact that you were arrested for a DUI before against you at sentencing if you plea or are found guilty by a Jury. It will also make it more difficult to get a reckless this time around even if the facts of the case are weak.
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