If I dont tell the Judge about my second DUI that I got on the top of my first one 2 month later what are the worth consequences

I had 2 DUIs within 2 months, first one was in gilbert and second one was in tempe, I will be pleading guilty on my second one first. The gilbert is not aware of my second one yet, If I plea guilty in gilbert without telling the judge about my second dui what would be the consequences or chances that they will find out later. Will the charges get amended and I will be looking at triple charges as a result of not telling.

Scottsdale, AZ -

Find Out More

Attorney Answers (3)

Cindy Castillo

Cindy Castillo

DUI / DWI Attorney - Phoenix, AZ
Answered

You need to consult with an attorney about your options immediately. There are collateral consequences in addition to criminal court consequences. Also, it is imperative to know what the status of your license was for each violation.

James L Heard III

James L Heard III

DUI / DWI Attorney - Mesa, AZ
Answered

You need to talk to a lawyer. This can have a big impact on you. Also, the judge will probably ask you if you have any other DUI's or outstanding DUI cases. If you lie, not only will the court be unhappy, the State could pull out of the deal and prosecute you as before.

Paul E Deloughery

Paul E Deloughery

Probate Attorney - Scottsdale, AZ
Answered

I agree with both Ms. Castillo and Mr. Heard. You need to see an attorney because this is a complicated issue. The state must prove that a person had a prior DUI offense. It is possible that if you plead to the first offense, the record may not be sufficient to support that as a prior offense. (I'm thinking of State v. Reagan, 103 Ariz. 287 and State. v. Renaud, 108 Ariz. 417.) For sure, don't let the prosecutor in Tempe have the court take judicial notice of the prior offense. Make sure it is proven.

Also, the MVD issue remains. The MVD will likely find out anyway and give a one-year suspension. The prosecutor in either case has power to bargain away the suspension.

This is a tricky situation. Get a lawyer.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more

Related Topics

DUI: An overview

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

Featured Legal Guides

DUI and DWI defenses

After you are arrested for DUI, getting the charges against you dropped or reduced will require you to develop a defense.

Featured Legal Guides

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.