Is this considered a second DUI conviction?
In 2002, I was arrested for DUI when I was 17. I lost my liscence for a year... through a DMV hearing. However, I never spent a single day in criminal court, and recieved no convictions. So a few days ago, I got another DUI. Do you think this would be considered a second offense, considering I w...
In 2002, I was arrested for DUI when I was 17. I lost my liscence for a year... through a DMV hearing. However, I never spent a single day in criminal court, and recieved no convictions. So a few days ago, I got another DUI. Do you think this would be considered a second offense, considering I was not convicted the firstm time
Just because you did not go to jail the first time does not mean you were not found guilty of DUI. Your punishment was loss of your license.
Yes this is a second offense.
I don’t understand.
DWI is a criminal charge. If you "got a DWI," you received a criminal charge. You must have either been acquitted, convicted, or they, for some reason, dropped the charges.
You don’t "get a DWI" and then just never go to criminal court for it.
I’m not positive, but I wouldn’t think so because you were not convicted…but the DMV found you guilty of DUI….so that’s a good question!
Sounds like you refused a breathalyzer.
If you’re a minor you only need 0.2% ( South Carolina ) in order to be charged with DUI/DWI
So if you refused to take a breathalyzer then your license would of been suspended for a year which is what you said in your question and the charges for dWI may have been dropped.
Either way their is no excuse for drinking and driving.
Hopefully they will take your license for 5 years.
Then in addition I know you will continue to drive and stack up charges for driving on suspension/which you will be stopped for speeding or other traffic violations then you will be in debt for the rest of your life. Taking a bus to work, which is a cafeteria at a hospital.
Sound good?
You WERE convicted in 2002 or your license would not have been suspended.
So, yes…. this will be your second conviction.
Didn’t learn anything after the first one, eh????
News flash, your license was lost for conviction. This is your second DUI, and should be treated as such, you obviously did not learn from the 1st time.
Definetly
I think it will be. You are blessed that you didn’t get someone killed. Are you so thoughtless that you would take a chance like that, now only once but twice?
I know this answer is long, but you should read it anyway. It may be your second time getting caught. You’ll have to check with your state’s laws and sentencing guides. In AZ, it would be your second offense. If you lost your license for a year, YOU WERE CONVICTED. Innocent drivers don’t get their licenses suspended. A DMV hearing is a form of court hearing.
There are four levels of DUI in AZ, all are misdemeanors according to one lawyer’s web site (<.08, >.08, >.15, >.20). States have specific limits. However, they can be elevated to a felony if there is an accident with a serious injury or death. I can’t believe that .15 and .20 are misdemeanors.
Note that in AZ, you can still be convicted of a DUI with BAC <.08 if you are impaired. CDL drivers are limited to <.04.
Another site says: Under Arizona law, aggravated DUI is a felony that carries with it a mandatory minimum sentence. Aggravated DUI usually involves a few different situations. It can be charged when you are facing your third DUI within seven years. It also happens when you’ve received a DUI while your driver’s license was suspended or revoked. Or, when a child younger than 15 was a passenger in the car.
AZ counts a second offense if the 1st offense (from any state) occured less than 84 months (7 years) ago.