Dui 2nd reduced to dui 1st offense while the defendant was still on probation

The defendant was arrested for Dui 2nd offense while still on probation for his first offense dui.  The defendant was stopped in a high crime area after he was observed continually circling the block.  The arresting officer noted a strong odor of alcohol, red watery eyes, slurred speech, poor performance of the FST's and difficulty producing his drivers license.  A plea agreement was reached where the defendant's probation was time served and his dui 2nd was reduced to a dui 1st with service of only 3 days in jai.  Note:  the defendant could a easily served 11 months and 29 days long with an additional 45 days.  Case no. 06-085.