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? 16 Answers as of February 18, 2014

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
That would depend on the law of the state and the rules of probation for that state or jurisdiction. I would suggest you consult an attorney skilled in representing people charged with DUI on this issue.
Answer Applies to: District of Columbia
Replied: 2/18/2014
Michael Breczinski
Michael Breczinski | Michael Breczinski
This depends on the laws in the State where the second one happened.
Answer Applies to: Michigan
Replied: 2/14/2014
Universal Law Group, Inc. | Francis John Cowhig
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.
Answer Applies to: California
Replied: 2/14/2014
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
Not in California where a DUI is prior-able for 10 years.
Answer Applies to: California
Replied: 2/14/2014
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
No, because it is over 10 years old.
Answer Applies to: California
Replied: 2/14/2014
    Torni Gaudenzi Law, PLLC
    Torni Gaudenzi Law, PLLC | Tracy Torni Gaudenzi
    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.
    Answer Applies to: Michigan
    Replied: 2/14/2014
    Law Office of Robert E McCall | Robert McCall
    Depends on the law of State #2.
    Answer Applies to: Florida
    Replied: 2/14/2014
    The Rogers Law Firm
    The Rogers Law Firm | Andrea Storey Rogers
    Yes. States share information with each other.
    Answer Applies to: Missouri
    Replied: 2/14/2014
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    In MN it would not be enhanceable because the offenses are not within ten years. That being said the first offense still can be used against you for sentencing. Please contact an attorney as soon as possible.
    Answer Applies to: Minnesota
    Replied: 2/13/2014
    Hudson Bair | Hudson Bair
    In California it would not, other states have longer "look back" periods depending upon the current DUI and the DUI(s) in the past.
    Answer Applies to: California
    Replied: 2/12/2014
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Yes but not for enhancing your sentence.
    Answer Applies to: Nevada
    Replied: 2/12/2014
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney

Need more information on drunk driving law? Visit our free DUI resource page to learn more.

If you need immediate assistance, fill out a free case evaluation form to connect with a DUI lawyer in your area today!