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Will I get jail time for 3rd dui?

Germantown, MD |

In 1998 I was given a pbj for a dui and possession charge. In 2001 i was charges in frederick county for a dui and convicted. Now i got arrested for a dwi with a bac of .17. I have interlock and enrolled in treatment. What other advice can you give me and what should I expect in court?

Attorney Answers 3

  1. You should expect some confinement. Interlock, treatment, and a steady job might result in a sentence that may be served on weekends. Otherwise the court will think that it must impose a longer term of straight confinement, in order to get your attention. With the wrong judge, even interlock, treatment, and a steady job will not matter.

  2. Convictions are permanent, and there is no limit that prevents consideration of all of your driving record. Criminal Procedure Article section 6-220 implies that after five (5) years the court may offer probation before judgement again, but the court is not required to do so. Nor is the court required to ignore a prior offense. Whom you draw for a judge matters, because some might consider a prior offense stale after ten years or twenty years. Others never consider a prior offense to be stale.

  3. You have interlock because you blew over a .15 not because you chose interlock. You are in treatment which is a minimal effort for the court. You could do 90 AA meetings in 90 days, get a home group, a sponsor a service position. You could go to Right Turn for a weekend. You could do community service. Despite all of that you are still lokking at some incarceration to drive the point home as this is your third drinking and driving offense. You do need an attorney no matter what you do.

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