What happens if convicted of 2nd DUI after 10 years?

If your 1st DUI was more than 10 years ago, then your present DUI will be treated as a first time offense. However, refusal of the breath test will escalate the penalties. Consult with an attorney.

Do you mean that the 1st DUI conviction was over 10 years ago? If the 1st was over 10 years ago it cannot be used to enhance the present DUI and make it a 2nd.

If this is a second offense you are looking at a 2 year license suspension and other more significant consequences that will vary from jurisdiction to jurisdiction a lawyer in the area will know the "ins and outs" of your situation. If this is a first the above information is correct (assuming this is a California case) except you are looking at a one year license suspension.

It counts as a first. A refusal enhances DMV suspension. A refusal makes DUI harder to prove to jury.

Did you refuse the breath test at the roadside or at the station? There is a big difference and the penalties are vastly different as well. A second offense DUI carries a lot stiffer penalties and prosecutors generally do not negotiate as much. You may be able to bargain it down to a first offense DUI. Retain an experience DUI attorney in your area because a lot is at stake with this. There may be issues with your case that can be used to get the case dismissed or reduced to perhaps impaired driving or even a non alcohol related offense. If it has been 10 years since your first conviction, then technically they can't charge you as a second offense DUI. However, a lot of prosecutors will treat it as a second offense when plea bargaining.

In Michigan the passage of time should preclude the enhancement to 2nd. See an attorney.