DUS is a graduated offense, which means that the penalties become more severe each time you receive a conviction. A DUS conviction carries an additional, consecutive license suspension. Any DUS conviction is punishable by jail time, but a DUS third offense carries a mandatory jail sentence. For this reason alone, any time you are charged with DUS you should fight it to avoid a conviction.

To prove DUS, the state must prove beyond a reasonable doubt that you were in fact driving, that your license was suspended at the time you were driving, and that you had notice that your license was suspended. What this means is if you were unaware that your license was suspended, and the state cannot produce proof beyond a reasonable doubt that you were notified of the suspension, the jury can find you not-guilty.

On third or subsequent offenses, if you decide not to take your case to trial it is often possible to negotiate a reduced offense in order to avoid the mandatory jail time. As your DUS attorney, I will examine the evidence and the facts of your case, and will guide you through the process to obtain the best possible outcome.