An allegation of Driving Under the Influence is a very serious charge.  The legislature has continuously updated and changed the laws on DUI, creating new and continuous questions about how a trial should be handled.

            The allegation can also be charged as Driving with a .08 or greater Blood Alcohol Content.  This is a very similar charge and the difference between it and DUI are only in the punishment under a first offense.  Driving with a .08 or greater on a first offense does not carry mandatory jail time as does a DUI.

            I am asked frequently about how long a DUI stays on your record.  There is no simple answer accept that even the allegation stays on a computer somewhere, especially locally, forever, even if the charge is dropped or won at trial.  The law still stands that in order for a previous charge of DUI or .08 or greater to be counted for a second or third offense it must be within 5 years.  Thus if you get a DUI or .08 conviction once every 5 years and one day each one is a first offense.

            A new law was passed that says if you ever, in your lifetime, whether here or in another state, have been convicted of a DUI or driving with a .08 or greater more than three times, it is a felony offense.  That means you could have three first offense convictions and any other is a felony offense.  The first issue must always be what convictions can be counted?

            It is important to get competent advice on what you are facing before entering a guilty plea.  You can always plead guilty later, but once you plead guilty it is difficult if not impossible to withdraw that plea.  Please contact our office to see if you have a viable defense.