What should I expect?

[Cryptic Guy]

#140

I had my 2nd dui last week. Complete shit. I wasn’t even driving. Am I facing jail time? My attorney said yes, but was non-committal about his answer.

[DUI Zone]

#142

Sorry to hear guy. It really depends on what your attorney can work out with the DA. I’m not an attorney, but in my situation my attorney was able to knock it down to a DWI 1st, which meant no jail. In Texas, there is a mandatory 3 day jail sentence, but if you sat a night in jail, that would count towards those 3 days. I would google “DUI 2 [enter state] punishment] and see if your state has a mandatory jail sentence. It’s also a Class A Misdemeanor in TX, which is highest misdemeanor you can get. I would make sure you get a great attorney (read https://dui.zone/ ) and since you weren’t driving, maybe your attorney can get a decision to either have it dismissed or a plea of a 1st instead of 2nd.

[DUI Zone]

#143

I forgot to mention, on my 3rd charge I also was not driving. It was during the shutdown for covid and we tried to Uber but there were no drivers. Rather than drive, I chose to just sleep it off in a private parking lot. The shit part was, it was cold and I had the car running for heat. Keys in a car equals operating a vehicle. The police said they thought there was a robbery, even though no one called them. Long story, but the judge believed me and my attorney was awesome. He was able to knock my charge down to a lesser charge because I wasn’t driving, so make sure your attorney sees a way out for you.

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