"Proving" prior DUIs
/Many times we get clients who have been arrested for an OVI/DUI and who have had prior OVI/DUI convictions. They are concerned (as are we) because the more "priors" you have had the more "mandatory" time the trial judge must give to that offender. For instance, a person who has had a prior in the last 6 years has to serve a minimal sentence of at least 10 days in jail (or 5 days jail plus 18 days of electronically monitored home arrest). A person who had had a prior in the last 6 years and who had a "high" BAC (i.e. over .17) must do 20 days in jail (or 10 days plus 36 days ). And it gets worse for more priors - much worse. So, a good OVI/DUI lawyer has got to examine the "priors" to see if those prior convictions can actually be used as DUI "priors." This examination includes seeing if the client had legal counsel for those priors and when and exactly what the client plead to. Make sure that your lawyer examines the particulars of those priors BEFORE you consider entering a plea.