6 yrs 11 months ago I was charged w/ DUI, BAC .12. I plead out to a reckless driving and in the admission to the reckless, the plea did not state “under the influence of alcohol “. Additionally I was never made aware that this could or would be considered a prior DUI offense for 7 years (king county ,Washington State.)
I recently have been charged with another DUI, refusal to blow and am looking at some pretty stiff penalties being they are calling this a 2nd offense.
Damage control tells me to go defered. I need some insight. The more I read online the more complicated this gets. Thank you.
Michael’s answer: DUI second offense. A Reckless Driving conviction amended from a DUI is considered a prior conviction for the purposes of sentencing on a subsequent DUI within 7 year. While a Deferred Prosecution may indeed be a good option, you should at least explore possible defenses or suppression motions with a qualified attorney experienced in DUI defense before choosing that option. For more on Deferred Prosecutions please see the info on my website. http://www.brodskylawfirm.com/duidwi-defense/
