Can a DUI be used against you by probation officer after twenty years? 3 Answers as of June 13, 2011

Can an alcohol evaluator use a DUI twenty years prior to determine your rehabilitation? It was made quite clear that prior to a recent DUI one hadn't drank alcohol in 27 years. What is the statute of limitations on this?

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Anderson & Carnahan
Anderson & Carnahan | Stephen Anderson
In Colorado any prior DUI may be used against you for sentencing purposes.
Answer Applies to: Colorado
Replied: 6/13/2011
Frances R. Johnson
Frances R. Johnson | Frances R. Johnson
In Colorado, the statute of limitation does not apply to an evaluation. You or your attorney on your behalf can make appropriate arguments about the prior DUI at sentencing.
Answer Applies to: Colorado
Replied: 6/10/2011
Jonathan S. Willett Attorney at Law
Jonathan S. Willett Attorney at Law | Jonathan S. Willett
Under Colorado law, all prior lifetime prior DUI convictions are considered. So, if you are ticketed with another DUI, you are considered having a second offense for purposes of the evaluation and the court's sentencing options. A number of years ago, there, the statute only considered DUIs within the last five years, but that's the old days now. So, technically the answer is yes. With more details such as what brings you before probation now, and if it's a DUI, your alcohol result, I can give you more particular information about what you're looking at.
Answer Applies to: Colorado
Replied: 6/10/2011
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