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Another DUI right after my first conviction?
Question:
What will the judge do since I got another DUI 9 months after my first?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
How a second DUI is handled depends upon several factors including state law and the stage of your first case. Even under the best circumstances, this is certainly not a matter to be taken lightly.
In many states, courts regard a second DUI as recent if it occurs within several years of a first offense. There are often laws that require harsher penalties to be imposed in these cases. Judges are usually bound by minimum and maximum sentencing rules. For example, a judge may be required to sentence a person to at least 25 days in jail for a DUI that occurs within five years of the first. However, he may have the authority to sentence the individual to as much as two years in prison.
That your second charge was received within months is a detail that the court is unlikely to overlook. While the judge is still bound to the sentencing range outlined by the law, there is a risk that you could receive maximum penalties.
Furthermore, the status of your first case will play a role in the outcome of the second. In the most favorable scenario, your first DUI proceedings will still be underway. This will mean that you currently do not have any prior convictions. If your first case has already concluded and you are on probation, this offense is likely to be a violation, which will raise additional legal issues.
A case such as this one requires professional legal assessment and guidance. You should contact an experienced DUI attorney as soon as possible.
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