What will happen if my boyfriend is in jail for 3rd offense DUI but only one prior conviction? 10 Answers as of January 02, 2014

My boyfriend is in jail in for 3rd offense DUI but only one prior conviction. He had a second DUI arrest in another state but never went to court for it and left the state. I thought you have to be present in court in order to be convicted. If that is true, shouldn't this recent charge only be 2nd offense if convicted? I'm very confused and scared.

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Jefre S. Goldtrap
Jefre S. Goldtrap | Jefre S. Goldtrap
From the limited set of facts presented your boyfriend seems to face only a DUI 2nd. If he has not been convicted of the DUI in the other state I do not believe it could be counted. He can be charged and the other state could decide to extradite him or put a hold on him while he is in jail.
Answer Applies to: Tennessee
Replied: 1/2/2014
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
The out of state prior may count. It's something he needs to look into before he pleads out.
Answer Applies to: California
Replied: 1/2/2014
Law Office of Robert Sisson | Robert Sisson
I should need to know what jurisdiction is prosecuting him before I could advise you.
Answer Applies to: Wisconsin
Replied: 1/2/2014
Milligan, Beswick, Levine, & Knox LLP
Milligan, Beswick, Levine, & Knox LLP | Stephen P Levine
I assume that your boyfriend is the one reporting the facts to you that doesn't necessarily mean that they are accurate .I think an experienced attorney needs to figure out what is going on to help your boyfriend
Answer Applies to: California
Replied: 1/2/2014
Michael Breczinski
Michael Breczinski | Michael Breczinski
Then the attorney has to show that he was never convicted. The State has to prove the prior convictions. The other State would have a warrant if he was never convicted. OUIL 3rd takes two prior CONVICTIONS.
Answer Applies to: Michigan
Replied: 1/2/2014
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Any DUI charge is bad, but there is a big difference from a second offense (misdemeanor) and a third offense (felony). You need to hire an experienced and aggressive DUI attorney as soon as possible. His criminal history records needs to be thoroughly checked to make sure the charge is correct. Then, you can go to work on defending his current case.
    Answer Applies to: Michigan
    Replied: 1/2/2014
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Confused about what. Your BF is an alcoholic. He has a prior DUI conviction, an open DUI, which probably means an open DUI warrant for failure to appear in court, and a new DUI.
    Answer Applies to: Georgia
    Replied: 1/2/2014
    Hudson Bair | Hudson Bair
    You can only be charged with a second conviction under these facts.
    Answer Applies to: California
    Replied: 1/2/2014
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    No, if you don't return to court a judgment will be entered against him or he could have been tried in absentia.
    Answer Applies to: Illinois
    Replied: 1/2/2014
    Penglase & Benson, Inc.
    Penglase & Benson, Inc. | John Benson
    He will be prosecuted in the state where he had the 3rd DUI. If convicted, for sentencing purposes it will be considered his 2nd offense. However, there is likely a bench warrant outstanding from the state where he was arrested for his 2nd DUI. He will be held and transported to that other state for prosecution of that state's DUI law.
    Answer Applies to: Pennsylvania
    Replied: 1/2/2014
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