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  1. #1
    Join Date
    Apr 2011

    Default Can You Be Convicted of DUI 2nd Offense if Not Convicted of the First Charge

    I entered a plea of not guilty on my first D.U.I 18 months ago. I was ticketed for my second 2 months after while waiting for a plea agreement. I never was convicted for the first and I never appeared for my second. I refused the breathalizer for both my first and second. Can they convict me of the second D.U.I? My question involves criminal law for the state of: Montana

  2. #2
    Join Date
    Sep 2010

    Default Re: Can You Be Convicted of DUI 2nd Offense if Not Convicted of the First Charge

    As far as the criminal charges go, you would have had to been convicted of the first BEFORE you committed the second to trigger the second DUI penalties. Of course, the fact that you did have other offenses can certainly sway the judge to any discretion he has in meting out the actual sentences.

    As for the DMV, this will however count as your second refusal which will trigger a longer suspension.

  3. #3
    Join Date
    Sep 2010

    Default Re: Can You Be Convicted of DUI 2nd Offense if Not Convicted of the First Charge

    I'll have to disagree with flyingron on this one. Once you were charged with the first DUI it triggered all other charges to the next level. If you are found not guilty of the first charge, then the second will be amended from 2nd DUI to first DUI. However, if you are convicted of the first DUI, then the next charge will be a 2nd DUI. You don't necessarily have to be convicted of the first one yet because the courts understand that the cases take time. So before you can be convicted of the 2nd charge, the first will need to be resolved.

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