I got a DUI when I was 17 and my BAC was .03%. When I was 19, I got a DUI with a .10% BAC. I only lost my license for 9 months, and I received no jail time or even community service. I recently received another for driving under the influence of my prescription Xanax.
It seems that they treated my second one as a first since I did not lose my license for the mandatory two years, and I was not required to do community service. I am currently attending college. What are the chances that I will go to jail for this most recent offense? My lawyer seems to think that since I did not lose my license for two years the second time, the latest one will not be treated as the third and will not get jail time.
It is always best to listen to your attorney, and for that reason you should not be asking other people that are not as familiar with your case. It was my understanding that a 2nd offense came with 2 days mandatory in jail, which certainly beats the 90 days mandatory required for a 3rd. If you have received a third in the matter of 3 or 4 years, you may need to start making some changes.
It is difficult to provide a prediction when there are many other facts to consider, such as the particular court you are before, your driving history and other criminal record, and your lawyer's effectiveness at isolating these incidents instead of them being viewed as a pattern of behavior. Your attorney is in the best position to answer for you so listen to his advice.
The first offense may not have been an enhancing DWI. I believe 4:50.14 "kiddie DWI" will not enhance. If I am wrong one of my colleagues will surely correct me. If so this would be your second and jail time can be avoided or "exchanged" for rehab. Your lawyer is likely on top of this.
It sounds like your first was an underage DWI followed by a regular DWI so the court treated the second as a first. THis may or may not be accurate. If the second court made a mistake, the third court my not be bound to follow that mistake. Your lawyer should have the best understanding and that is who you need to talk to.
You need to listen to your lawyer.
The question of which prior offenses are counted varies from state to state. In Wisconsin your first would not be counted as a prior offense if committed in Wisconsin but might be counted in Wisconsin if committed elsewhere.
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If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.
There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. Those facts should not be put on a public Internet site.
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