There are a lot of questions that I would have regarding this case. You need to sit down with an attorney because there are many issues that would need to be addressed.
This is not intended as individual legal advice and there is no attorney client relationship established by this answer. It is advisable that you seek individualized legal assistance. This is not a substitute for hiring an attorney.
You need to speak with an experienced DUI lawyer as soon as possible. A lot would depend on the circumstances and your attorney. There are programs that would allow for house arrest, but whether that happens is largely at the discretion of the prosecuting DA. I would be happy to speak with you, at no cost, if you would like to discuss this further.
I will serve as someone's attorney only after a written agreement has been reviewed and signed. Please feel free to contact me at (610) 393-3868 if you would like more information or to inquire about my services.
There are many possibilities, and the most likely of them are quite serious. The mandatory minimum sentence for a second "tier three" DUI is 90 days incarceration. There are new developments in DUI defense all the time however and you should seek qualified counsel right away. Having a good DUI lawyer will give you your best chance minimizing the consequences.
This answer is based on general legal principles only and is not intended to provide specific legal advice. This answer is for informational purposes only and does not constitute the formation of a lawyer-client relationship. Any reader of this answer should not make decisions based upon in without first directly consulting with an attorney in person.
As an aid to responding attorneys you might want to post as addition information the counties involved, namely the county where you've been charged and your home county. My response to your question absent those specifics is that most of what you hope might be possible, is possible. The key to maximizing your options is having the assistance of a qualified criminal defense attorney with experience in handling DUI cases. Before you even get to the sentencing alternatives, a thorough review of the facts of your case is needed to determine whether their are any avenues open to defending against the charges directly, by far the best possible outcome.
First things first, there is hope and there is help.
This is an important moment in your life. There is little doubt that this is weighing heavily on you and I get that.
In my opinion, no competent lawyer should give you advice based upon this little bit of information as to a definitive course of action.
We specialize in substantive DUI defense meaning using science on your side to help you make them go away.
Substantive DUI defense calls for a considerable amount of detailed analysis to see what the best course of action is.
Remember 100% of people who plead guilty are found guilty.
Blood tests can be successfully challenge in court. There has been a major development that will absolutely impact your case. Our office filed an won a challenge that has effected breath testing all across the state. You can read about it here: http://www.thetruthaboutforensicscience.com/tag/linear-dynamic-range-challenge/
In essence, we challenged the basic validity (the ability of these machines to deliver a good number) in court and the court agreed that they cannot.
When it comes to DUI drug cases (DUID) there is a tremendous amount of opportunities to successfully challenge these cases in terms of the substantive evidence. My background in forensic chromatography (I am an Senior Assistant Chromatography Instructor with the American Chemical Society) has lead me to the conclusion that the qualitative (what it is) and the quantitative measurement (how much is there is) is frequently incorrect. You need to have an attorney who understands this and discover it even without using an expert. This challenge to the analytical chemistry (what drug is if, if any there is any drug, and how much there is) is crucial because it alone typically forms the basis for the charge. It is easy to do, if you know how. The truth is that there is an entire wonderful world of pharmacology out there that is often ignored by the government, the DA's Office and also an undertrained DUI defense attorney. The truth is that without the government (police, state expert or DA) knowing a lot about you, then they often end up guessing. Of course, guessing is not proof. The law requires proof beyond a reasonable doubt, not that the government guesses beyond a reasonable doubt. Feel free to watch to watch this youtube video just as a taste of what they are up against: http://www.youtube.com/watch?v=urAOvtYCTU0 The difference between a good DUI lawyer and a great one can make all the difference in the world to you.
With sentencing alternatives, the best answer to that is that it entirely depends. It most especially depends on how aggressive your defense of the facts and the accusations are. If you are looking to maximize your chances of getting an acceptable result, you need to make a substantive defense of the charges. As they say, the best defense is a good offense.
So as you can read even with this small amount of information, there is help and there is hope. Give us a ring. The call is free. We'd like to help. 717-657-3900.
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