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Will going to rehab voluntarily help aggravated DUI case?

Maricopa, AZ |

After being charged with a DUI, I decided to go to rehab. I went to a 28 day inpatient treatment center and followed up with 6 weeks of outpatient care. Went to sober living for another 6 weeks, plus individual and group counseling, and have gone to AA meetings daily for the last 7 months and have submitted to random drug tests to prove a track record that I have remained clean and sober. I did this for me, and for my kids. I was physically dependent on alcohol. I was awarded back custody of my 2 children two months ago (who were removed from my care after driving with them under the influence), and have sense then accepted a promotion at work and moved to another state. My BAC was .15, and I have court next month. Its been almost a year since the DUI. Will these factors help my case?

Attorney Answers 3


Congratulations on your sobriety and everything else that come with it. The rehab and sobriety will not help you DUI case per se as far as the elements of the crime is concerned. A good criminal defense attorney will be able to determine the pros and cons of the facts of the alleged DUI and see if you may have a case that can go to trial or whether taking a plea deal is the better option.

That being said, if you take a deal or are convicted, the fact that you have managed to turn your life around and entered into a number of programs should be brought to the attention of the judge during sentencing. Hopefully what you have done since your arrest will assist the judge in mitigating your the punishment you will receive if convicted.

Good luck and congrats on your sobriety.

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Congratulations on the posititve steps you have taken, it must be commended. The actions will not affect the guilt or innocence phase of the case but should help you by mitigating a harsh sentence and making it more lenient.

Best of luck

Joshua H. Reinitz, Esq.
Iacullo Martino, LLC
(973) 235-1550

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Disclaimer: The information here is general and not intended to be construed as legal advice or form an attorney-client relationship. For specific advice contact a qualified attorney.

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What you have done certainly won't hurt your case. The best way to make it help is to have your attorney send a "deviation request" to the prosecutor, asking them to modify their original plea offer into something more lenient. Whether the prosecutor will go along with the deviation requests depends very much on the facts of your case, not the remedial measures taken afterward.

Good luck!

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