QUESTION
How long between DUI offenses does it count as a repeat?
Asked on Dec 30th, 2012 on Criminal Law - Georgia
More details to this question:
Friend just got arrested on his fifth DUI. Question is this, his last arrest/conviction was 12 years ago, given the length of time since his last offense, will this recent arrest be considered a Felony DUI?
4 ANSWERS
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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The length of time between DWI makes no difference as to the level of charge. A third, 4th, 10th, etc. is a felony.
Answered on Jan 07th, 2013 at 4:13 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If his last DUI was more than 10 years ago, it should not count.
Answered on Jan 07th, 2013 at 4:12 PM
Michael J. Breczinski
In Michigan at least, the amount of time does not matter and yes this would be a felony charge. Get an attorney.
Answered on Jan 07th, 2013 at 4:12 PM
Within 10 years of the last DUI. It has to be a 4th within 10 days to be eligible as a felony (unless there is bodily injury to a victim, in which case even a 1st DUI may qualify).
Answered on Jan 07th, 2013 at 4:12 PM