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Five dui!!

Bloomington, IN |
Attorney answers 6

Posted

Contact an experienced DUI attorney in Indiana immediately, your BF will need one. If you want to try and find one here on AVVO you can select "Find a Lawyer" at the top of the page. Best of luck.

This is not intended as legal advice. No attorney / client relationship exists because of this response.

Posted

At this point he could possibly be looking at a felony charge, jail time and loss of license for ten years (if he currently has a license) Speak to a local criminal defense attorney ASAP.

Posted

Much will depend upon what Indiana knows of his record, the length of lookback in Indiana, the facts of this specific case, and where he is licensed now.

I assume from your address that he lives in Indiana. If Indiana is aware of the prior convictions he may face enhanced charges, including the possibility of a felony. My understanding is that Indiana looks back ten years. If a prior DUI conviction occurred in that time it can be counted for enhancing the charge. The penalties for enhanced charges will be longer. Also, just because a conviction is outside of the ten years does not mean a judge cannot consider it at sentencing and give a longer sentence.

I am certain that your boyfriend is at risk of substantial jail or prison time, fines and license suspensions. He needs qualified DUI counsel immediately. He should contact a DUI lawyer and meet with that lawyer soon. Usually, a first consultation is free or for a low fee.

Do not post case facts here. This is a public forum. Prosecutors and police read these posts. The facts should only be discussed with a lawyer.

DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

Posted

This is a very serious situation. I have no idea how far apart the DUIs (or OVWIs as they are called in Indiana) are, but here is a general breakdown.

If you have a second DUI charge within 5 years of your last DUI conviction it will be charged as a D felony. The maximum amount of time for a D felony in Indiana is 3 years. BUT, if the state charges the Habitual Substance Offender charge b/c your boyfriend has two prior unrelated DUIs then the maximum time on a D Felony is 11 years. This is very scary.

Please consult an experienced DUI attorney.

Good luck.

This is not legal advice. Legal advice can only be obtained from a lawyer after you have entered into an attorney client relationship. If you would like to discuss your case please contact me at (317) 489-9611.

Posted

It certainly helps that his others are out-of-state but if the prosecutor digs into his history, it will affect his case. The first question that must be answered is the extent to which his latest charge is defensible because, if he is not convicted of this latest one, his history is irrelevant. The county of prosecution is also a factor that must be considered.

Posted

There are mandatory minimum sentences for anyone with prior convictions of OWI or offenses substantially similar to OWI from other states. If your boyfriend has two or more prior convictions at any time, he faces a minimum of 10 actual days in jail or 360 hours of community service if he is convicted of a misdemeanor OWI. If he is convicted of a felony OWI, it is non-suspendible, meaning he must serve at least the minimum 6 month sentence.

There are also mandatory minimum court-ordered license suspensions and exposure to Habitual Traffic Violator (HTV) status depending upon the timing of the prior offenses.

He is in urgent need of a qualified drunk driving defense attorney who is familiar with the court in which he is charged.

Requesting, receiving, or accessing general information on Avvo or other web sites does not create an attorney-client relationship. If you wish to have Paul Stanko review specific questions on which you need legal advice, you may contact him by telephone (888-778-2656), email (indianadui@yahoo.com), or you may go to his web site: http://www.paulstanko.com/. Unless Paul Stanko reviews your specific situation and takes you on as a client, no attorney-client relationship is created. Paul Stanko is licensed to practice in Indiana only.

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