It appears I didn't make my point clearly.... I'll try again:
A first offense, with no attendant vehicle accident, is ALWAYS a misdemeanor here. BUT..... it can be used to enhance a subsequent offense, and therein lies the danger as far as a first conviction.
So...... you spend whatever it takes to avoid the FIRST conviction. A good lawyer can ALWAYS plead it down to reckless driving, public drunkeness, etc.
But, if you are charged again in the same jurisdiction, and get the same P A , they can be MUCH harder for your lawyer to deal with.
A fishing friend of mine currently doing 90 days in the County Jail for a THIRD DUI offense. He also got a TEN year probated prison sentence. The P A went all the way back 19 years to get the one that made it a Third Offense.
He ran up over 20 grand in legal fees to avoid the Pen.
Sad thing is that he hasn't learned and no amount of money will get him off if he is charged again. He will go straight to Huntsville to do his ten years.
If he had spent a fraction of that twenty grand on the one he got 19 years ago, he would have been much better off.
