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Had 3 DUI's. Since then,remained clean and sober, for 10 years. Fell off wagon and got 4th DUI. What will happen to me in court?
Anonymous2 views4 answers
Prior to my sobriety of the past 10 years I had received 3 DUI's. Did the crime and the time. Got life together for 10 years. Recently it fell apart due to economy etc...Fell off the wagon and got a fourth DUI. What am I facing in the eyes of the court?
The answer to this question depends on whether you have cleared the 10 year look-back period. If you have, then, as stated by another, you will be looked upon as a first offender; however, the priors, even though out of statute, can be used to enhance your punishment.
If some of the offenses were within 10 years from the date of the last offense, then you can be treated as a second, third, or fourth offense; the fourth being a felony.
If you can provide additional information, it would make it easier to answer your question.
If your last DUI arrest was more than ten years ago, you're considered a first offender again. If convicted, you're facing two days in jail (or less, depending on the county), fines of about $2,000.00, a four-month DUI class and 3-5 years of probation. The court can increase the punishment if your blood alcohol was over .15%.
Of course, if someone else was injured as a result of your drunk driving, the punishment could be more severe, including a potential prison sentence. The punishment will also increase if any of your prior DUI convictions were based on arrests within the past ten years.
You probably received a pink notice of suspension/temporary license after your arrest. Your license will automatically be suspended thirty days after your arrest UNLESS you request a DMV hearing within TEN DAYS of your arrest. The DMV suspension process is completely separate from the criminal case in court.
If you hire a DUI attorney to represent you in the criminal case, he or she will probably handle the DMV hearing, too.
It depends,your state may have a long lookback period for enhancement (more punishment) and you may be looking at a second dui prosecution,or more.Please go mto www.ncdd.com-find an Attorney to find a DUI Attorney near you.Don't go to court .Nothing good happens if you go to court without a DUI Attorney.
Victor Carmody
