I recently was charged with a misdemeanor DUI, and have a DUI from 8 years ago. Will the District Attorney charge me with a second DUI despite how old

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February 17, 2016

Question

I recently was charged with a misdemeanor Driving Under the Influence (DUI) penalty, and have a DUI from 8 years ago. Will the District Attorney charge me with a second DUI despite the first charge being old? How long will my first DUI stay with me on my record?

SHORT ANSWER

Yes. A DUI that has occurred within the last 10 years is considered a prior DUI in California.

LONG ANSWER

A DUI conviction within the last 10 years constitutes a prior DUI. In addition, the lesser offense of wet and reckless is also considered a prior if the conviction occurred within the last 10 years. Therefore, if you are charged with a DUI within 10 years of being convicted of a wet and reckless, you will also be charged with a second DUI.

CAVEAT

If you are charged with a subsequent DUI outside the 10 year period, it will be charged as a first DUI. However, even if a prior DUI is outside the 10 year period, it can and likely will be used to enhance your sentence on the current charges.



©NorCal Criminal Defense 2016