2nd offense DUI while on probation for the 1st
I got arrested, and they never read my rights to me, they never asked me for my license or my insurance, they were very rude to me. They gave me 2 FST, and handcuffed me and shoved me in the car. So anyway, I got a letter in the mail, 4 days later, saying that I was on unsupervised probation, that basically all I had to do was be good because I've already paid fines and all that stuff, and that I had to report any arrests within 48 hours. Well I didn't know this. I called my probation officer and left him a message saying that I had an arrest, but it wasn't within 48 hours. All he said was ''thanks for letting me know'' and to call him with any questions. I blew a .18, which is the same as the first, because I stopped drinking at a certain point (apparently not soon enough)and I was the most sober out of anyone in my car. Anything you can tell me about my situation? I still don't know when my court date is, I haven't got my papers yet.
2 Answers from Attorneys
Re: 2nd offense DUI while on probation for the 1st
Your question is difficult to answer concisely because it brings even more questions to my mind about your situation. There are some general things you need to be aware of as soon as possible. Just because you have not received a court date yet, does not mean that you should sit around and wait for it to come. Deadlines are already running against you. You need to talk with a DWI lawyer about your situation. Even if you decide not to hire someone to represent you, you need the necessary information to make informed decision about what to do. Usually you only get a slap on the wrist for a first time offense, but now that this is your second offense and you will also be facing a probation violation, jail is a real threat you will be facing.
Re: 2nd offense DUI while on probation for the 1st
The statements in your question are not entirely clear. Still you need to know that in Minnesota you have only 30 days from an implied consent drivers license revocation to serve and file a court challenge to try to have the court rescind it. After 30 days from the revocation, it will be too late. Also, in Minnesota a second within 10 years of another DWI carries a "minimum" 30 days, if convicted. And, the potential probation revocation could be up to whatever jail time was hanging over you from the first one.
The best thing you could do would be to bring all your papers on both cases, and meet with a good DWI defense lawyer in their office, to discuss. Time is of the essence.
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