I wanted to know because my boyfriend got arrested and he was on probation for a previous AGG DUI-VIOLATION W/CHILD UNDER 15 that the court may have dropped to a Misdemeanor or they Dismissed because it says Court Dismissal he was and is still paying the fines and finished all but one ordered class, so is recent charges are DUI LIQUOR/DRUGS/VAPORS 1ST, DUI LIQUOR BAC .08 OR MORE 1ST, EXPIRED REGISTRATION, and NO MANDATORY INSURANCE and can you tell me what he might be facing. Or should we get an attorney/ lawyer?
Yes, he needs a lawyer. A second DUI always carries a stiffer penalty. If it was a misdemeanor that was dismissed, it may have been dismissed because he is now facing felony charges. He would be looking at a felony DUI if his license was suspended, revoked, canceled or refused at the time of the new DUI. Also, if he was ordered to have the ignition interlock in his vehicle at the time of the new DUI, and he did not, this is also a felony.
If the new case does get charged as an Aggravated DUI, he is facing no less that 4.5 years in prison if convicted at trial.
There may be a lot going on here, and your boyfriend needs a lawyer.
Quick answer. Yes he should get an attorney. Second and subsequent DUI charges carry higher penalties
Should your boyfriend have an attorney on this type of case? 100%, yes.
DUI is a subsection part of criminal defense. (I have moved your question to the DUI section.) When looking at any DUI charges, an attorney will help guide a client through the process and will help to defend the case. Consultations are often times free. Remember that this is a public forum and any details are open to anyone. Use the "Find a Lawyer" tab above and find a lawyer in your area that can talk to your boyfriend.
This communication is for informational purposes only, and does not establish any attorney-client relationship with Aaron P. Hommell. Further, the information contained in this answer should not be considered or taken as legal advice to represent oneself, and does not substitute proper, competent legal advice and representation from a licensed attorney.
He definitely needs good and experienced DUI criminal defense lawyer. in nearly every state a second or subsequent DUI offense carries enhanced penalties, and especially when the current or prior charge was for a aggravated offense of DUI.
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