Answer: First, I would recommend discussing your case in more detail with a DUI attorney. For a 2nd DUI itself, not including the hit & run, the jail sentence without probation can be between 90 – 365 days. Your license would be suspended by the DMV based on a DUI conviction, and potentially separately by the DMV based on a APS hearing result (or….lack of hearing if you or your attorney does not request one). Regarding expungement, the conviction would not be automatically expunged just because you chose a penalty without probation. You or your attorney would have to petition the court for an expungement.
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