Transcript of Episode 010 “Ask a Lawyer with Joey Franks” – What if I have more than one DUI offense?
If I have more than one DUI stop, what happens to me?
Attorney Franks: The charges become harsher and harsher with every DUI. For example, a DUI first offense has a minimum 48 hours in jail and as much as a $1,000 fine. Then a DUI second offense has an increased fine and up to a week in the jail. However. it’s still a misdemeanor. DUI third and more are felonies and it’s serious stuff. Sometimes we can get around some things with multiple DUIs. It’s different with each case and sometimes we simply luck out. But, if you call and get me involved early, it’s much better for you. However, DUI third and beyond, there’s only so much I can do and it’s probably a jury trial and some years in prison. But that being said, I always work hard to be the best for you.
Am I able to retain my license? What do you do for me with that?
Attorney Franks: From the very beginning, that’s what I’m working to do for you as an aggressive DUI attorney Jackson MS. At the arrest, the state trades you for paper that’s a license for 30 days and they confiscate your permanent license. If you get me on the case right away, then I can enter an appearance on your file and ask the court to schedule it within 30 days, In the alternative, I can stretch out license privileges until the court can hear the matter. Otherwise it goes to the Department of Public Safety and it’s possible to lose your license no matter what.
Also, I might be able to get an interlock restricted license. In that case, you need to go with non-adjudication. It’s a portable breathalyzer installed in your car. There’s a monthly fee, and when you want to drive, you blow into the device. There needs to be a 0.00 blood alcohol content to start the car. Over time, you show the court you’re not drinking and driving and the court non-adjudicates with a final order for you. You plead guilty with non-adjudication. However, you keep your license long term.
Alternatively, if found guilty at trial, you can appeal to the county, or circuit court in the counties with no county court. Then you ask for a new trial. In appeal, the penalties apply, but not reported to the Department of Public Safety so you keep your license while in appeal.
I’ve been pulled over for a DUI. Do I have to spend any time in jail?
Attorney Franks: You’ll probably be in jail for at least a few hours, but not more than 48. That’s the max if guilty of the DUI first offense. More offenses mean more jail time. On average, from the time you’re taken to jail to bonding out, it’s mostly likely three hours of jail time and that includes booking and bonding. It’s as little as two and not more than eight with a four or five-hour average.