Tehachapi, CA DUI Law Firms & Lawyers

You should discuss to with your lawyer, when a misdemeanor has not been filed within a year of the arrest/event it usually cannot be prosecuted. You should confirm this with your lawyer.

Maybe, but you'll only get the useful answer to any such questions from the judge as a result of rulings on appropriate motions to suppress brought by your attorney.

If this occurred in North Carolina and you are convicted of the 2nd DWI and the presiding judge does what he or she is supposed to do, you will not be eligible for a limited driving privilege for a period of at least one year. Your enrollment in any program is irrelevant. The 2nd conviction of DWI in combination with a prior DWI conviction within 7 years is considered a grossly aggravating factor and will place you at least at a Level 2 for sentencing purposes. A level 2 conviction means you are ineligible for a limited privilege for a period of at least one year which starts running on the day of your conviction not the day you were charged. For a lot people this is the beginning of the end of their license to drive in NC. Most people decide to simply continue to drive anyway because they have to get to work or for other reasons. Inevitably, these people get caught and are then convicted of an alcohol related DWLR charge - this adds an additional year of suspension. They keep driving anyway, keep getting caught and snowball themselves into a permanent revocation.