If I got my first DUI while driving with a suspended license, will this affect my sentencing? 10 Answers as of September 21, 2015
I was driving on a suspended license (for traffic violations) when I got a DUI. Will the judge use this?
Law Office of Jeff Yeh
| Jeff Yeh
It'll just be an additional charge on top of the DUI. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answer Applies to: California
Anderson Law Office
| Scott L. Anderson
Maybe yes, maybe no. Driving after suspension is a separate offense from a DUI case so a prosecutor could attempt to have you convicted for both and each are misdemeanor offenses which the judge could sentence you for independently. Usually when a person is convicted of a DUI the driving after revocation is dismissed but every area is different. Please contact an attorney is your area to go over your specific details.
Answer Applies to: Minnesota
The Law Offices of Harold L. Wallin
| Harold L. Wallin
Your case is eligible for a felony upgrade because you did not have a valid driver's license. A felony DUI like yours is punishable by up to three years in prison. You need to retain an attorney ASAP.
Answer Applies to: Illinois
| Jason Savela
Yes, the judge might give you some jail. It depends on the other facts of the case.
Answer Applies to: Colorado
S. Joseph Schramm
| Joseph Schramm
Sentencing under the DUI law is generally tied to the number of other DUI convictions one has. Since your DUI occurred while your license was suspended for point accumulation arising from traffic violations it would probably not affect your sentence, generally. You would probably be charged and convicted under a separate count of driving with a suspended license, which would carry its own punishment. However, a judge could order that the sentences be served concurrently (at the same time) or consecutively (one after the other).
Answer Applies to: Pennsylvania
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