Q: I am on probation for 2nd DUI, which was dropped to a DUI 1, I just received my 3rd in under 10 years. Since my second
Was dropped to a first, will my 3rd have 2nd DUI penalties? I’m going to treatment for 4-6 months, will this help my case?
A: It depends how it is charged. The way that an OVI is "dropped" to a first instead of second is that the prosecutor simply doesn't allege the prior conviction. It's still there. The prosecutor this time around could allege both prior convictions making it a third, or could allege 1 making a second, or none making it a first. You should be aware, however, that the penalty provisions that are an issue with first, vs second, vs third are mandatory MINIMUM penalty provisions. The judge could decide to impose any sentence up to the maximums and becomes far more likely to impose more than the minimum sentences as you start to stack up the charges. Yes, going to treatment is a good idea.
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