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What to expect for skipped jail time on an aggravated DWI?

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My boyfriend received a 90 day maximum sentence for an aggravated DWI (twice over legal limit) in MNover 3 years ago (als (his 2nd DWI). He hasn't had a drink in over 2 years. We are getting married in a month and are expecting our first child in 6 months. He wants to turn himself in and get this cleared up before the baby comes. If he does turn himself in, what kind of sentence/ penalties is he looking at? Also, are they easier on the sentence if you turn yourself in compared to being picked up? Should he first speak with a criminal law attorney? In Douglas County, NE.

Asked 6/3/2011 under DUI / DWI | 310 View(s) | More Legal Topics

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M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney Answered 11 months ago | Contributor

Well congratulations and he should be proud of himself getting his act cleaned up.  First, may I suggest that he does not turn himself in on his own without speaking with and retaining an attorney to do so.  I am sure that there is a warrant or two out thee for his arrest and he does not need to be dragged in in handcuffs here.  The attorney can find out what is happening in the system and speak with the prosecutor's office on the matter to try and negotiate the best deal for him.  How and what he will be charged with is unknown to me but the court will definitely look more favorably on him if he surrenders voluntarily.  Good luck to you all.

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