I am not going to predict the jail consequences, but strange as it may seem, it is better to have had two DUI's back-to-back than to get sentenced and placed on probation on one followed by a charge on another while on probation or shortly after. This way, you can argue you have an alcohol problem which led to the two DUI's, but now are in treatment and are addressing the problem. Absolutely hire an experienced DUI attorney and do not try to do this on your own. There are many options available, and creative alternatives to explore short of straight jail time, (like weekends in jail for a DUI) but you need to prepare things properly beforehand.
I'm not sure if you have an attorney yet as you referenced the trial, but if not, I would strongly suggest hiring an experienced DUI attorney to handle both matters. When was your 1st DUI? And are you still on probation for that offense. 3rd offense DUI's carry significant penalties. Jail alternatives may be a possibility. Perhaps house arrest with a Scram device (that monitors you by way of ankle monitor to ensure you are not drinking alcohol) may be an option. Perhaps combined with a treatment program, etc. Contact a DUI attorney or two in your area to get a better assessment of your case and some sentencing possibilities.
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Anything is possible, but you need to prepare for what is likely. Chances are that almost all judges will expect an alcohol evaluation and treatment of at least 26 weeks, perhaps on an inpatient basis, or they will think that they must impose jail to try to get you to see what they see. They are likely to reply that you might not be around for your child.
Get intensive treatment and an attorney.
I agree with both Messrs. Oakley and Welch. There are always some defenses to a DUI, even in those that I have represented where a follow on DUI happened before the previous one was even not yet resolved. But it is critical to have a competent attorney through this process. There are options beyond taking the matters to trial separately, including DUI-court and others. Don't wait. Retain an attorney who routinely and competently represents DUIs.
I am sure that the gentlemen here are excellent attorneys. If your case is in Anne Arundel County, I might suggest also contacting Greg Kline of Severna Park. His number is 410-541-6384 and he handles tricky DWI situations. Good luck!
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