Q: 4 duis in 8 months. All occurred prior to the 1st being sentenced.
My husband received 4 duis in a matter 8 months. One in Nov 2017, one Dec 2017, one June 2018 and the last in July 2018. He was sentenced for the first two in August 2018 to 45 days house arrest and one year ipp. Those two were considered his 1st and 2nd duis. He is now going to court for the last two. Does the 10 year look back law apply? Since all four were committed prior to his 1st conviction date so technically could they all be considered a 1st offense since he wasn't yet convicted of any when he was charged with them? He is now in treatment and taking month medication to stay sober (vivitrol). He has been sober since the last dui in July. The judge said he is facing a minimum of 1 year for the 3rd and one year for the 4th dui charge. Is it possible to get house arrest instead of jail time? We have two children and they finally have a father. This is the longest he has ever been sober and is truly trying to get better.
A:
Due to a law change a few years back, his 3rd and 4th DUIs will *not* be considered 1st offenses.
Your husband needs to hire a good criminal defense attorney, and now. He's in trouble, and DUIs have escalating penalties the more you rack up with mandatory minimum sentences. Best of luck to him -- he's gonna need it.
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