A first or second DUI, or a third offense more than 10 years after a prior offense, will be prosecuted in county court as they are misdemeanor offenses. You will have a choice between pleading guilty (or no contest) to the charge, or proceeding to a trial. Since you will be facing a possible jail sentence, you have the right to have your case decided by a jury of 6 citizens from the county were the offense occurred.

At a trial, the prosecution will seek to introduce all evidence of your impairment while driving that is available to them. This will include witness testimony about what they saw, what you said, and what you did; video of your driving and you performing field sobriety tests; and the results of any chemical testing you submitted to, or your refusal to perform them. If you are convicted, you can face a maximum sentence of 12 months of probation, or 6 to 12 months in jail.

An offense involving serious injury or death, or 3rd or subsequent offense within 10 years of prior offenses, will be prosecuted in Felony court. The same rules will apply, except the maximum penalty starts at 5 years of probation or 5 years of prison. While you are free to represent yourself in these proceedings, you are doing yourself a disservice if you do not consult with and utilize the services of an experienced DUI attorney. Contact our office today to help with your DUI case.