QUESTION
If I had a DUI in one state 12 years ago and now have another one in a different state, is this considered a 2nd DUI?
Asked on Feb 10th, 2014 on DUI/DWI - California
11 ANSWERS
Michael J. Breczinski
This depends on the laws in the State where the second one happened.
Answered on Feb 14th, 2014 at 5:45 AM
No, because it is over 10 years old.
Answered on Feb 14th, 2014 at 5:44 AM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
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DUI's only remain on your record for 10 years in California. A DUI from 12 years ago would not count and your present DUI would be considered your first.
Answered on Feb 14th, 2014 at 5:44 AM
Yes. States share information with each other.
Answered on Feb 14th, 2014 at 5:43 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Depends on the law of State #2.
Answered on Feb 14th, 2014 at 5:43 AM
Collections Attorney serving Troy, MI
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Beier Howlett, P.C.
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Not in Michigan. In Michigan, a OWI 2nd occurs if the convictions are within 7 years. In Michigan 3 OWI's within a lifetime is a felony OWI 3rd. If your second was in Michigan, then you should be charged with a first. Good luck.
Answered on Feb 14th, 2014 at 5:43 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Not in California where a DUI is prior-able for 10 years.
Answered on Feb 14th, 2014 at 5:42 AM
James Edward Smith
Yes but not for enhancing your sentence.
Answered on Feb 12th, 2014 at 9:01 AM
1 Award
In depends on which state the second DUI occurred in. In Utah, the DUIs must be within 10 years of each other and the second one would not be considered a second offense.
Answered on Feb 12th, 2014 at 9:01 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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In California it would not, other states have longer "look back" periods depending upon the current DUI and the DUI(s) in the past.
Answered on Feb 12th, 2014 at 9:00 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would argue no, due to the passage of time.
Answered on Feb 12th, 2014 at 9:00 AM