What happens if convicted of 2nd DUI after 10 years? 11 Answers as of December 27, 2013

I also refused breath test.

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You go to jail.
Answer Applies to: Georgia
Replied: 12/27/2013
Universal Law Group, Inc. | Francis John Cowhig
If your 1st DUI was more than 10 years ago, then your present DUI will be treated as a first time offense. However, refusal of the breath test will escalate the penalties. Consult with an attorney.
Answer Applies to: California
Replied: 11/14/2013
Anderson Law Office
Anderson Law Office | Scott L. Anderson
In MN you would be charged with a 2nd degree DUI/refusal to submit to testing and the max is 1 year in jail and/or a $3000 fine. Contact an attorney in your area asap.
Answer Applies to: Minnesota
Replied: 11/14/2013
Hudson Bair | Hudson Bair
If this is a second offense you are looking at a 2 year license suspension and other more significant consequences that will vary from jurisdiction to jurisdiction a lawyer in the area will know the "ins and outs" of your situation. If this is a first the above information is correct (assuming this is a California case) except you are looking at a one year license suspension.
Answer Applies to: California
Replied: 11/12/2013
Law Office of Paul Carmouche | Paul J Carmouche
Do you mean that the 1st DUI conviction was over 10 years ago? If the 1st was over 10 years ago it cannot be used to enhance the present DUI and make it a 2nd.
Answer Applies to: Louisiana
Replied: 11/12/2013
    Hawklaw Law Firm | Andrew Thomas Hooyman
    Possibly a third or fourth degree DWI. The best bet would be to contact a DWI attorney today.
    Answer Applies to: Minnesota
    Replied: 11/12/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    The refusal increases the penalty, you need a lawyer to avoid a large amount of jail.
    Answer Applies to: Nebraska
    Replied: 11/12/2013
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    License revocation, possible jail or community service, alcohol treatment and fines.
    Answer Applies to: Illinois
    Replied: 11/12/2013
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    It counts as a first. A refusal enhances DMV suspension. A refusal makes DUI harder to prove to jury.
    Answer Applies to: California
    Replied: 11/12/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Did you refuse the breath test at the roadside or at the station? There is a big difference and the penalties are vastly different as well. A second offense DUI carries a lot stiffer penalties and prosecutors generally do not negotiate as much. You may be able to bargain it down to a first offense DUI. Retain an experience DUI attorney in your area because a lot is at stake with this. There may be issues with your case that can be used to get the case dismissed or reduced to perhaps impaired driving or even a non alcohol related offense. If it has been 10 years since your first conviction, then technically they can't charge you as a second offense DUI. However, a lot of prosecutors will treat it as a second offense when plea bargaining.
    Answer Applies to: Michigan
    Replied: 11/12/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    In Michigan the passage of time should preclude the enhancement to 2nd. See an attorney.
    Answer Applies to: Michigan
    Replied: 11/12/2013
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