Q: Facing a Second DUI Charge after a previous offense reduced four and half years ago in WA State.
I'm 26 and got nabbed for my second DUI by the state patrol. The last incident was around four and a half years ago, but it got reduced to Neg 1, and I blew a 0.11. This time, it's more serious, at 0.17. I've entered a plea of not guilty. Right now, I need some guidance on what steps I can take and what consequences I might face, both good and bad. I've just started my career and I'm very concerned about messing it up because of a stupid mistake I made.
A: Yes you are in between a rock and a hard place because this last DUI is your second offense and the penalties are higher because of the first one. Please Please contact an experienced criminal defense attorney that does DUI law All the time. Not one that just does one or two cases here and there. It is not apparent that your 2nd DUI is in the State of WA but I assume it is. Talk to someone today because you need specific advise and help and not just general information. Hire someone now.
A:
Sorry to hear. Although the prior was reduced to Neg 1, for sentencing purposes, it would count as a prior DUI. You will likely be facing enhanced penalties due to the breath test result reaching .15. A conviction for a 2nd DUI could result in a mandatory minimum of 45 days in jail plus 90 days of electronic home monitoring (EHM).
Although there are steep mandatory minimum penalties for a 2nd offense DUI conviction, an experienced attorney may be able to secure an alternative outcome that does not result in custody time.
You need an attorney to fight for you as going unrepresented is not a good idea. Most of us offer a free phone consultation.
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