Q: Facing 3rd DWI before being convicted of the first. The 3rd involving a minor?
My girlfriend was convicted of her first DUI in July 2019. Before receiving her paperwork, she got another DUI. Both in the 3rd tier. Last night she got another DUI with a minor in the car. She is currently in rehab. Will they all be considered 3 first offenses?
A:
Unfortunately not. The law changed several years ago and closed up that loophole.
Her best bet to avoid serving time is to continue in rehab and try to take advantage of some sort of treatment diversionary court. Having a good criminal defense attorney will certainly help in that regard, of course. If you'd like to discuss her case offsite, kindly contact me at the information contained in my Justia profile.
Best of luck to her.
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