Will my DUI 18 years ago still count if I got another for this year? - Criminal Law Questions and Answers- LawQA.com

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Will my DUI 18 years ago still count if I got another for this year?

I had second DUI in Sacramento, California in 1996, and had another DUI in February of 2014 in Turlock, California. Is my last DUI will count as my third one?

Law Office of Peter F. Goldscheider
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The sentence enhancement for prior DUI convictions is 3 in ten years as applicable to normal non-injury misdemeanor DUI's so yours will count as a second offense. The court and law enforcement does have access to your entire record however so it could be considered. It just would not result in a mandatory enhancement.

Answer Applies to: California
Replied: 3/12/2014


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No. Only DUI's within the last 10 years count.

Answer Applies to: California
Replied: 3/11/2014

Answer By Steven Alpers

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For prior conviction purposes duis only last 10 years. They cannot charge it as a prior, but the DA can argue that it shows you need harsher sentencing.

Answer Applies to: California
Replied: 3/11/2014


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No BUT the DA might try to use it to enhance your punishment. Per statute, any DUI older than 10 years should be ignored.

Answer Applies to: California
Replied: 3/11/2014

Answer By Hudson Bair

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No, the "look back" period in California is 10 years. Any DUI arrest, that resulted in a conviction, before February 2004 will not count as a prior conviction for triggering mandatory sentencing minimums. You should consider consulting a lawyer in your area as some jurisdictions will punish a second more harshly than a first even though not required to do so under the statutory framework.

Answer Applies to: California
Replied: 3/11/2014

Answer By Jeff Yeh
Law Office of Jeff Yeh
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No this will be your first again. Nevertheless, you need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.

Answer Applies to: California
Replied: 3/11/2014

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