For the first DUI i could not afford a lawyer so the court told me to attend alcohol education classes, community service and attend a MADD meeting .After my second arrest I hired an attorney . He told me that the prosecutor is gonna try to make me a second offender and my attorney will try to getting it down to make me a first offender . Which i guess means pleading guilty as a first offender. So what is a first offender? Is it same as being convicted for a misdemeanor . Is a first offender same as a convict ? Can a first offender have their record cleaned up . Can a first offender get a job ? So basically what is a first offender and what penalties may they have to face ?
Either your lawyer does not do criminal law or he is trying to make himself into a hero. You cannot be a second offender under any circumstance. You will be at worst a double first offender. However, since you have an attorney that is who should answer those very simple questions. It is the same as a misdemeanor for the most part. It will be on your record forever unless you seek a pardon down the road. You can get a job but it will show up if they run your record. The punishments differ from jurisdiction to jurisdiction for double first offenders. Hopefully you will get probation and community service.
I'm not a Connecticut attorney so I'd defer to those attorneys on the particular aspects of Connecticut law but what, if any, evaluation and advice has your attorney provided about going to trial (that is rhetorical, please don't answer it here)? In order for you to make an informed decision about your case, it would be useful to understand the possible options for resolving your case (including motions and trial) and the potential and reasonable outcomes. What defenses are available? What are the collateral consequences of a conviction? If your attorney can't or won't address those issues - seek a second opinion.
Attorney Black is correct you could, and probably will be, prosecuted as a double first offender. However that is not the end of the story. If you are convicted as a double first offender you have still been convicted twice for DUI. You will avoid the enhanced penalty of a second offender and will not stand convicted of a felony but you will still be treated as a second offender for purposes of the administrative sanctions imposed by the Department of Motor Vehicles. Additionally, if you are again convicted of DUI within ten years your new conviction will be counted as a third conviction. So you see there is a lot to talk over with your attorney. I recommend that you question your attorney on his background defending DUI cases. Don't be afraid to ask questions. The outcome of your case carries long-term ramifications. Best of luck
My colleagues are 100% correct. There is something strange about the way your attorney is describing your case and its possible outcomes to you. I try never to second-guess any attorney here on Avvo as I am not in full possession of the facts, but in your case I would advise you to seek out a second opinion.
Good luck to you.
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