I have 3 DUI's in NC. First was 2004, second was 2006, third was recent 2008. My first was dismiss because of "no witness" and my other two are pending. I am trying to go into the military but this is my hold. I have posted "DUI out of car" and "trying to lessen a DUI to Reckless Driving" on this site. Could anyone tell me what I may be facing, I told my lawyer the sooner everything is over the sooner I can join the Army. Can anyone tell me whats in store?
While I do not practice in North Carolina, I will give you some experiences I have had regarding a situation like yours. If you had all three of these arrests in the same county of North Carolina, the prosecutors are mostly likely going to be working very hard to get you convicted of DUI on both the remaining DUIs. They may offer a package deal if they can to work both out to pleas of guilty. However, any probation will most likely keep you out of the military until you have completed the probation. In GA, the minimum amount of time on a DUI is 12 months so even if you serve only 1 day in custody, you must stay on probation for the DUI for the next 11 months and 29 days.
Since you are facing such serious charges and have an eye towards a new future, please get all of your resources together and hire an experience DUI/Criminal Defense attorney. You cannot fight these on your own by just posting questions here. If you want a good defense to your case, you will need the assistance of a good attorney.
I can answer the question as it pertains to Washington law. In the state of Washington, since your first DUI was dismissed the second would be considered a first offense and upon a conviction, you would be facing 1 or 2 days in jail at a minimum as well as a license suspension of 90 days, all dependent upon the breath test result or whether you refused a tests. The 3rd DUI would be considered a second offense and upon conviction you would be facing either 30 or 45 days in jail plus 60 or 90 days of Electronic Home Monitoring and at least a 2 year license suspension at a minimun, dependent upon the breat test result or whether it is an alleged refusal.
In your case, especially concerning your second offense, there are options to consider, but you would need to sit down with an experienced DUI attorney and go over the issues of your case to better determine strategy. It is very important in your case to consult with an experienced attorney that limits his or her practice to DUI defense.
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