I have a terrible juvenile record. I have really cleaned up since I was a kid. I just got a DUI, which is my first offense as an adult. Its a 3 day mandatory minimum. The DA offered me 9-23 months. My lawyer said its a bad offer due to my juvenile record. What can I do? I want to plea guilty? How can they do this?
Your juvenile history is looked at for purposes of sentencing until you are 27. The current offense is not relevant to your prior record score; the current offense is only relevant to your offense gravity score.
If the offer from the DA is more than your guidelines and more then the mandatory minimum, you can always plea open. Most judges don't give more then the mando on DUI's unless you had a bad accident, acted like an ass to the cops, or were very far over the limit in third tier. If I get a DA that is being difficult, an open plea on a DUI is often a good answer.
The only thing I would think about: DUIs are very hard for the DA to make out at trial. If you have any issues, you may wish to fight.
Labels: DUI, Juvenile record, mandatory minimum, offense gravity score, prior record score, sentencing guidelines