My first DUI was more than 10 years ago, does that come into play as a factor in the sentencing. You said if it is the 3rd one within 10 years its a minimum one year sentence. I did not realize until after I refused that they hit you with the highest tier for refusal. Also I forgot to ask this in my question, but would going to rehab help my case at all? My friend got arrested and when she went for sentencing she was in rehab and the judge gave her parole and mandated that she finish rehab as taking her out would be detrimental to recovery.
Along with any other criminal convictions, your DUI conviction that is outside of the 10 year look-back period would be factored into your prior record score and could be considered by the prosecutor in plea negotiations and the judge at the time of sentencing.
Additionally, I would never deter anyone from rehab if they believe it can assist than on a personal level. In terms of the impact on your case, it can certainly be used as a mitigating factor and a request can be made to receive credit for in-patient treatment. However, you should not enter into such program thinking it will insulate you from all criminal consequences including incarceration.
In-patient treatment is a factor that can be used along with others as part of a broader defense strategy for mitigation. It is the development and execution of this strategy that will allow you to fully maximize your position.
It appears you appreciate the significant consequences you face and are serious about putting yourself in position to move forward in a positive direction at the conclusion of your case. If this is an accurate assessment of your position, you would be best served to contact a DUI defense lawyer directly by phone to discuss your case. Many attorneys in the area, like me, offer a free, initial phone consultation.
Attorney Curry has given a great assessment of your situation. I would recommend giving him a call to discuss your case.