2nd DUI

[kjm263]

What is the name of your state (only U.S. law)? Illinois
I was arrested for my 2nd DUI in a little over 2yrs. Illinois has a look back period of 5. Does this mean I will have both DUI's on my record? I was issued 5 tickets..2 for DUI, 1 for speeding 1-10mph over (70 in a 65), failure to signal, and improper lane usage.And would it be in my best interest to hire a lawyer. I did not hire a lawyer the first time.

 

[kjm263]

Also, I blew a .09..Would a lawyer be able to get any of the other 4 tickets dropped, thrown out, etc..?

 

[kjm263]

And does it help I was very cooperative with the officer?

 

[woodykas]

What is the name of your state (only U.S. law)? Illinois
I was arrested for my 2nd DUI in a little over 2yrs. Illinois has a look back period of 5. Does this mean I will have both DUI's on my record? I was issued 5 tickets..2 for DUI, 1 for speeding 1-10mph over (70 in a 65), failure to signal, and improper lane usage.And would it be in my best interest to hire a lawyer. I did not hire a lawyer the first time.

You definitely NEED a lawyer yesterday.

Second Conviction in Illinois:

Class A misdemeanor (possible imprisonment of up to 1 year; fines of up to $2,500); mandatory minimum imprisonment of 5 days or 240 hours of community service; revocation of driving privileges for a minimum of 5 years for a second conviction within 20 years; suspension of vehicle registration.

 

[woodykas]

And does it help I was very cooperative with the officer?

nope.

Also, I blew a .09..Would a lawyer be able to get any of the other 4 tickets dropped, thrown out, etc..?

possible.

Does this mean I will have both DUI's on my record?

yep.

 

[kjm263]

So I'm pretty much scewed then when it comes to driving anytime soon

 

[woodykas]

So I'm pretty much scewed then when it comes to driving anytime soon

Actually there is also a mandatory interlock requirement:

A person who has two or three DUI convictions must install a BAIID on all vehicles registered in his/her name for 12 consecutive months, as a condition of full reinstatement of his/her driver’s license.

Even if this case will be dropped or reduced to "wet reckless" in the criminal court, I am not sure if there is any possibilities to avoid 5 year administrative DMV suspension.

 

[kjm263]

5 years? Damn..Guess I should have thought twice about driving.. The only vehicle registered in my name is my motorcycle which I've only had for about 4 months..The car I pay for is registered and the loan is in my mothers name. Can they still require a BAIID device be put in the vehicle? What exactly is "wet reckless"?

 

[woodykas]

5 years? Damn..Guess I should have thought twice about driving.. The only vehicle registered in my name is my motorcycle which I've only had for about 4 months..The car I pay for is registered and the loan is in my mothers name. Can they still require a BAIID device be put in the vehicle? What exactly is "wet reckless"?

"wet reckless" is a reduced charge from DUI to reckless driving, lower fines, lower community service hours, etc. but is still will be counted as second DUI in case of future DUI convictions.

I never heard about interlocks for motorcycle, but it seems to be that you need to wait for 5 years anyway:

A multiple offender whose BAC test results were .08 or more or whose chemical test indicated any amount of a controlled substance, is not eligible for an RDP during the statutory summary suspension period.

 

[kjm263]

Thanks for the help..Besides possibly getting the other tickets I was issued thrown out,dismissed what would a lawyer be able to do for me?

 

[woodykas]

Thanks for the help..Besides possibly getting the other tickets I was issued thrown out,dismissed what would a lawyer be able to do for me?

"ordinary" lawyer (500$-2000$) probably will proceed with plea deal - DUI charge will be accepted or reduced, and all others tickets will be dropped in exchange of "plea".

"bulldog" lawyer (5000$-10000$) will try to beat DUI charge in the jury trial for you, sometimes it works, like defense based an expired calibration of breathalyzer, etc, etc, etc ...

 

[kjm263]

Thanks again..By plea deal you mean pleading guilty I assume.. What do you think the odds are of the charge being reduced? I would think the odds of beating this by a jury trial are probably slim to none

 

[woodykas]

Typically, when you sign a plea deal, you lose your right for a Jury Trial or appeal, and in exchange of that - prosecutor dropping your charges lesser then DUI.

It is just a business, you don't want all of your charges, and prosecutor with court don't want to waste his time for Jury Trial, defense of evidence, all this stuff...

and with BAC 0.09 it can be reduced to reckless driving with 90% success for the first DUI, not sure if it works in case of second DUI in 2 years.