QUESTION
Will the police still consider a DUI a second offense if the first happened 25 years ago?
Asked on Mar 23rd, 2013 on DUI/DWI - California
More details to this question:
I was charged with driving under the influence in 1988. 25 years ago. I recently failed the blood alcohol content test. Will the police still consider this a second offense even though it has been over 25 years?
9 ANSWERS
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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In Utah, the limit is 10 years. Beyond that, it is considered a first offense for purposes of the statute. Other states may handle things differently, and you need to check with a local criminal defense attorney.
Answered on Mar 25th, 2013 at 3:37 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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No. Your 1st DUI has to have been within the past 10 years.
Answered on Mar 25th, 2013 at 3:36 PM
Michael J. Breczinski
No it has to be within 7 years under Michigan law. However for a third offense, the prior matters have NO time limit.
Answered on Mar 25th, 2013 at 3:36 PM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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Very possibly. In most states owi's are for life. What state do you live in?
Answered on Mar 25th, 2013 at 3:35 PM
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In the criminal code in Colorado, there is no wash out period for a prior DUI offense. However, it's the DA not the officer whom would charge you with a second offense. The age of your prior could be used as a mitigating factor in sentencing. However, before you decided to plea guilty, it would be wise to contact a local DUI attorney in your area to review any defenses to the charges and/or stop that could be dispositive in your case.
Answered on Mar 25th, 2013 at 3:35 PM
James Edward Smith
Not for enhancement of the penalty.
Answered on Mar 25th, 2013 at 3:35 PM
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In Utah, the last offense needs to be within the last 10 years for it to count as a second DUI.
Answered on Mar 25th, 2013 at 3:35 PM
In California, a first has to be within 10 years of a second.
Answered on Mar 25th, 2013 at 3:34 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Assuming you did what you were required to do for the offense in 1988, you are dealing with a first offense DUI, the law limits the "look back" period to 10 years. You should consult a DUI attorney in your area, some Judges and Prosecutors will attempt to use a "stale" prior to increase the punishment despite the law prohibiting them from using the prior conviction to charge the new offense as a second offense.
Answered on Mar 25th, 2013 at 3:33 PM