DUI and resisting

[pfed]

What is the name of your state (only U.S. law)? Illinois I received 2nd DUI first one in 1994 and resisting arrest would not get out of the car without calling a lawyer. Did not do any tests or blow. Have hires high profile Dupage DUI atorney. What am I looking at if convicted

[Antigone*of*Greece]

Originally Posted by pfed

What is the name of your state (only U.S. law)? Illinois I received 2nd DUI first one in 1994 and resisting arrest would not get out of the car without calling a lawyer. Did not do any tests or blow. Have hires high profile Dupage DUI atorney. What am I looking at if convicted

What did your "high" profile" attorney say?

[pfed]

He thought I would be able to beat the DUI at trial but not the resisting

[ERAUPIKE]

Originally Posted by pfed

He thought I would be able to beat the DUI at trial but not the resisting

Of course he said that you just paid him. What would you have done if he said, "Sorry Mr. *****, there is nothing I can do but watch you be convicted of yet another DUI." I am sure you would have left and not dropped whatever ridiculous sum he required for your retainer. There is no way to predict the outcome of your case without knowing more details. Your best bet is to call your attorney and talk with him about what punishment are possible and then ask what is likely for your area or judge.

[BigMistakeFl]

Your second DUI was greater than ten years ago, so that should not affect the penalties. At trial, you can be charged with both DUI and refusal. The prosecution will therefore have to prove impairment without chemical evidence. Naturally, they will be able to state that your refusal implies impairment. There may be other evidence as well: cop testimony, video, other witnesses, etc. You did not post the details of your arrest, how and why you were stopped.

You will probably lose your license for one year. That's in addition to the original 7 days right after the arrest. Virginia does not grant "hardship" licenses for refusals. The maximum penalty is a $2500 dollar fine and a year in jail, however you will not necessarily get any jail time unless you caused an accident or injuries. Your fine could be as low as a few hundred dollars. All VA DUI-ers must enter the VASAP drunk driving program, which costs another $300 dollars. You will also have to get SR22 insurance.

[pfed]

Thanks for your response but my state is Illinois

[BigMistakeFl]

Sorry bro, this is what "multi-tasking" has done to me.... too many open pages at once.

You're outside the 5 year look back period for the 2nd DUI. You're facing a 1 year suspension for the refusal, you will never get to have a CDL, will get hit with fines and community service.

What were the details of your arrest? Why were you stopped? Was there an accident, were there injuries? Was there a minor in the vehicle? Do you have a commercial driver license?

[pfed]

I was stopped for going through a red on a left turn. The light is sensored by oncoming traffic. No injuries or acidents