As a DUI lawyer, I have seen on several occasions the frustration of individuals who have reached me from other general practice attorneys looking to find out why their license suspension is legally a bit longer than they agreed to in court.
One agreeing to a plea arrangement with a certain term of license suspension needs to be on the lookout for three key potential pitfalls:
Did your dui case consist of an allegation that you did not attempt or “refuse” to submit to a chemical test for the presence of drinking?
If your scenario depends on this issue of “refusal,” your dui attorney must specifically tackle within a plea agreement or prior to an argument to a judge that a distinct driver’s license suspension for a “refusal” will “cease” at the time of the sentencing hearing. Absent this written agreement included within a written plea deal between your dui attorney and prosecutor or within a written court order, a separate drivers’s license suspension could be imposed consecutive to the specified term presented by the court.
At the time of your sentencing hearing for a dui conviction does your driving record have either 2 major moving violations or 8 or more minor moving infractions?
Despite a plea agreement to a driver’s license suspension for dui conviction, one’s license can further be suspended by the Bureau of motor vehicles if an individual has accumulated several major moving infractions (Dui, Reckless Driving, Driving While Suspended for a criminal conviction )within a ten year period.
If one has acquired 8-9 minor moving violations in combination with a significant moving violation within a ten year period, the Bureau of Motor Vehicles can suspend one’s license for an additional 5 years. These consecutive license suspensions are called “Habitual Traffic Violator” suspensions and are not always addressed within dui courts.
As a direct result, it is really vital that one confronting a driving under the influence prosecution work with their dui legal professional to realize their driving record and habitual license eligibility prior to entering into a plea arrangement to a driving under the influence crime.
Are you being charged with the offending of Indiana DUI laws? Talk to an experienced Indiana DUI laws attorney today.
On May 25th, 2010, Governor Bill Ritter signed into law new legislation requiring tougher penalties in DUI (Driving Under the Influence) or DWAI (Driving While Ability Imparied) cases. The text of HB10-1347 can be found here: http://www.leg.state.co.us/CLICS/CLICS2010A/csl.nsf/fsbillcont3/0AA564A18087D71A872576A80027B60C?Open&file=1347_eng.pdf
The new law will go into effect July 1, 2010. The most notable provisions in the new law require tougher penalties for repeat DUI or DWAI offenders. First, if a person is convicted of a second DUI or DWAI within five years of their first offense they will be required to serve a mandatory minimum of 10 days in jail and they will not be eligible for “earned time, good time, or trusty prisoner status..”. A person will, however, receive credit for any time served prior to the conviction. Anyone convicted of a second offense within 5 years will still be eligible for a work/school release term of confinement, but will not be eligible for in home detention.
Second, persons convicted of a third or greater offense of either DUI or DWAI will now be required to serve a mandatory minimum of sixty days in jail. They will also not be eligible for any good time, earned time, or trusty status during their term of confinement. Work/School release is still a possibility if the county in which they are sentenced offers such programs. Repeat offenders who are being sentenced for third or greater offense will also not be eligible for in home detention.
For all repeat offenders the minimum term of probation must be at least two years. If a person has completed all terms of their probation including their drug and/or alcohol treatment and community service they may petition the Court for early termination of their probation. This may be done by motion of the District Attorney, Probation Officer, Defense Counsel or the offender.
The law also allows for the Court to require an interlock ignition device on an offender’s vehicle. The requirement of an interlock device has been common practice through the DMV for repeat offenders and for early reinstatement for first offenders.
Josh McDowell is a defense lawyer, misdemeanor & DUI Lawyer with McDowell Laybourne & Rodemer. Mr. McDowell is also a Colorado Springs Car Accident Attorney with a personal injury practice including work on truck & bicycle accidents.
