Mostly yes and a little no.
If you were never convicted as a result of the 2005 detention, this would be your first conviction.
But, and a big but if you like to drive, the prior administrative per se suspension means you get a second offense DMV license suspension penalty, i.e. 1 year suspension.
Why, may I ask please, didn't you get convicted in the first case? Acquitted? Not filed? Much lesser offense (23140 - driving with .05 only, eg.)?
As the law is currently, you are looking at a first offense in court but a second offense at the DMV. This means that you are facing a one year suspension of your driving privilege and having to attend and complete the multiple offender program. You may be able to avoid these consequences if you win the DMV hearing AND either plead to a wet reckless, be acquitted by a judge or jury, or have the case dismissed. Good Luck.
While I basically agree with the first two answers, the fact is, it will depend, in large part whether the DA and the Court have access to your first case. They more than likely do. If that's the case, then they probably will try to keep this latest one as your second, rather than your first - for obvious reasons. Either way, you obviously need some serious help with alcohol treatment - or you wouldn't be in this position. Its not just that you're unlucky. If you've been caught twice in four years, you're obviously drinking and driving more than just those two times. At least that's been my experience over the last 35 years of interviewing clients.
Nonetheless, good luck.
DUI DUI defense DUI as a criminal offense Imprisonment for DUI DUI and DMV hearings DUI charges DUI and driver's license penalties Ignition interlock device Underage DUI Second DUI Criminal defense Civil penalties for DUI Criminal charges Crimes against society Defenses for criminal charges Criminal court
Sign up to receive a 3-part series of useful information and legal advice about DUIs.