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Sunday, February 19, 2012

Would a plea bargain of going to inpatient rehab and continuing outpatient get a second DUI lowered to keep my career?

Unfortunately, DUI is one of the few charges that affects the entire socio-economic spectrum. In some cases, those involving truck drivers who rely on a CDL for their livelihood, the end result is a loss of license AND a loss of career.

Under current DUI laws, most prosecutors consider ARD a "gift, "a "warning," and a "second chance." Violate the law twice and the DA is not likely to be inclined to give you a third chance.

The presence of lobbying groups such as MADD and the sheer number of DUI charges (over 1/3 of all criminal charges in some counties) makes the reduction of DUI charges to a non-DUI offense a nearly obsolete concept. I know of no DA who will, without a substantial defect in the evidence, agree to reduce charges to a non-DUI offense. In particular, this is true where you have a third-tier offense. The end result for the DA would be political suicide.

You indicated this is your second offense. At a minimum, you are looking at 5 days in jail and a loss of license for 12 months (assuming the officer and DA were willing to reduce the charge to a violation to a First Tier.)

You need an experienced local DUI Defense Attorney to fully and fairly evaluate your case before making any decisions. At this point there is insufficient information to recommend a course of action, and the presumption of a conviction/plea agreement is premature.

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