Client was arrested for his second DUI within the same year. He got this DUI in Orange County very shortly after on in Polk County. The State charged client with a 2nd DUI within 5 years which carries a mandatory 10 days jail and 5 year license suspension. Right before client was about to take that offer, we realized that the State could not charge him with a 2nd within 5 because he didn’t plea to the Polk case until 3 days AFTER he was arrested on this case. The judge agreed despite the State still wanting jail and after a plea to the bench gave client no jail and only a 6 month suspension.