Client was arrested for DUI after being found drunk in a school parking lot during pick up hours. He told police he was there to pick up his nephews (who didn’t even attend that school). He had a prior DUI that did not result in a conviction but the State was trying to impose 2nd DUI within 5 year penalties anyway. We asked the judge to clarify that 1st time penalties were appropriate under the statute and she agreed. After hearing the judge’s ruling, the State agreed to allow client to plea to first time penalties. This saved him from jail time and a 5 year suspension that would have been illegal.