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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

Posted

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.

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Asker

Posted

I thought maryland looked back 5 years for past convictions. It has been over 10 since last conviction.

Posted

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.

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Asker

Posted

Thank you so much for your time answering my questions.

Posted

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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4 comments

Asker

Posted

Wow... Little nasty but thanks

Rebecca A Nitkin

Rebecca A Nitkin

Posted

Sorry, I thought you wanted to know what they expect in the court you are actually going to be in. The one we are in every single day, so you are prepared and don't get hurt---without having to pay for the advice? Did I do something wrong?

Asker

Posted

Well, just the way you put it i guess. I have actually taken your advise and contacted circle treatment about their weekend program and started Aa meetings. Thank you again.

Asker

Posted

I meant right turn program...

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