Is jail time mandatory for a second DUI? 8 Answers as of April 24, 2014

I took a breathalyzer twice. Springfield sent paper saying first DUI. Will judge think this is the first also if the other was in 1997?

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Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
If prior DUI happened in 1997, this is treated as first DUI for punishment purposes.
Answer Applies to: California
Replied: 4/24/2014
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
Absolutely!! There may be enough passage of time that it well be considered a first offense, which is mandatory minimum of one day in jail. If this is considered a second offense, then mandatory minimum is 30 days.
Answer Applies to: Washington
Replied: 4/24/2014
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
The judge will know that it is a second DUI. There is mandatory jail time on 2nd DUI.
Answer Applies to: Georgia
Replied: 4/24/2014
The Law Offices of Harold L. Wallin | Harold L. Wallin
You are a first offender only for the license suspension. You are a second offender for the DUI charge. Jail is not mandatory.
Answer Applies to: Illinois
Replied: 4/24/2014
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
It sounds like a first offense.
Answer Applies to: Nebraska
Replied: 4/24/2014
    Law Office of Thomas A. Medford, Jr., PC
    Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
    I strongly suspect that the District Attorney will clear this up for the judge.
    Answer Applies to: District of Columbia
    Replied: 4/24/2014
    Law Office of Gary H. Lomanno, LLC | Gary H. Lomanno
    The penalty for a second offense driving under the influence states the defendant "shall be sentenced to imprisonment for a term not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days,." However the sentencing judge will sentence the a second offender to 48 hours of intoxicated driver improvement class in lieu of the jail term. If the first conviction occurred more than ten years before the second offense you will be eligible for the step down provision in the statute.
    Answer Applies to: New Jersey
    Replied: 4/24/2014
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    It will be treated as a first offense since you can only be charged as a second offense if it occurred within 7 years. However, the judge will know about your previous conviction and many will sentence you as a second offender. Jail is always a greater possibility or even a likelihood the second time around. That is why more than ever you need to be represented by an experienced a DUI lawyer.
    Answer Applies to: Michigan
    Replied: 4/24/2014
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