What can happen if your second DUI was 6 years after the first one? 11 Answers as of May 27, 2015

I was caught for a DUI and had a BAC of .11. My last DUI was 6 years ago and I was wondering if this new one would be treated as a second offense or just as a first offense because my first one was so long ago.

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S. Joseph Schramm | Joseph Schramm
In all likelihood your present DUI will be treated as a second offense. Had you been in the ARD program and successfully completed it your record would still show an arrest for DUI for 10 years after which Penn Dot would automatically expunge the record. In your case only six years had passed so this current arrest will probably count as your second arrest.
Answer Applies to: Pennsylvania
Replied: 5/27/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Not long enough! Get an attorney.
Answer Applies to: Michigan
Replied: 5/27/2015
The Law Offices of Harold L. Wallin | Harold L. Wallin
It is a second offense DUI. The minimum sentence will be a conviction which will result in a license revocation. However, it will be a first offense statutory summary suspension.
Answer Applies to: Illinois
Replied: 5/26/2015
Law Offices of Stephanie Lee Ehrbright, Esq.
Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
You are right near the threshold. They may or may not count it. It can also depend on where the other DUI was. If it was within the last 84 months (7 years) and in the same jurisdiction then they will likely count the other one and make this your second.
Answer Applies to: Arizona
Replied: 5/26/2015
Best DUI Lawyer
Best DUI Lawyer | Aniko Hoover
It will be a second DUI but since you did not violate probation you can get a restricted license from the DMV after being suspended only 90 days if you show them you are enrolled in SB38 and have SR22 insurance.
Answer Applies to: California
Replied: 5/26/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    A DUI that's six years old will count as a first offense. So a new charge would be a second offense. You would be willing advised to consult a skilled lawyer.
    Answer Applies to: Wisconsin
    Replied: 5/26/2015
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Is six years a long time ago? So, you will not be retaining an attorney that graduated more than six years ago from law school? It will be treated like a second DUI.
    Answer Applies to: Georgia
    Replied: 5/26/2015
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    In MN the offense will be treated as a second offense because the enhancement window is ten years. You will be charged with a 3rd Degree DUI which has a max penalty of one year in jail and/or a $3000 fine. Please contact an attorney asap to examine your rights.
    Answer Applies to: Minnesota
    Replied: 5/26/2015
    The Rogers Law Firm
    The Rogers Law Firm | Andrea Storey Rogers
    No, this 2nd DUI will be treated as your 2nd DUI.
    Answer Applies to: Missouri
    Replied: 5/26/2015
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Second. It's within the 10 year period.
    Answer Applies to: California
    Replied: 5/26/2015
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    The second DUI will be treated as a second since it is within the 10 year statute.
    Answer Applies to: California
    Replied: 5/26/2015
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