Fremont, CA DUI Law Firms & Lawyers

If this occurred in North Carolina and you are convicted of the 2nd DWI and the presiding judge does what he or she is supposed to do, you will not be eligible for a limited driving privilege for a period of at least one year. Your enrollment in any program is irrelevant. The 2nd conviction of DWI in combination with a prior DWI conviction within 7 years is considered a grossly aggravating factor and will place you at least at a Level 2 for sentencing purposes. A level 2 conviction means you are ineligible for a limited privilege for a period of at least one year which starts running on the day of your conviction not the day you were charged. For a lot people this is the beginning of the end of their license to drive in NC. Most people decide to simply continue to drive anyway because they have to get to work or for other reasons. Inevitably, these people get caught and are then convicted of an alcohol related DWLR charge - this adds an additional year of suspension. They keep driving anyway, keep getting caught and snowball themselves into a permanent revocation.

CAN he? Of course. And he can be convicted of DUI if the prosecutor can show he had been recently driving, using circumstantial evidence and inference. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. A little free advice: If arrested for DUI, whether alcohol or drugs, then upon release from jail or booking, the defendant is given documents that include a notice that he has only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of license imposed by DMV upon arrest. That is separate and runs consecutively with any suspension that may be imposed by DMV or the court upon conviction. Contact DMV and do so, n timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing to present your supporting evidence and witness testimony.

Based on these facts you have defenses that may help you avoid conviction, you should contact a DUI attorney in your area as soon as possible since you have important rights that must be exercised within 10 days of your arrest.