What if your second DUI was 6 years after the first one? 15 Answers as of May 16, 2011

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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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
A prior within 10 years of the next one counts as a prior conviction for both DMV and court sentencing purposes.
Answer Applies to: California
Replied: 5/16/2011
The Law Offices of Christopher J. McCann
The Law Offices of Christopher J. McCann | Christopher J. McCann
The first DUI is "priorable" for 10 years after conviction. So, yes, you would be facing a "second time" DUI.
Answer Applies to: California
Replied: 11/9/2010
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
Unfortunately, DUIs count as priors for 10 years. If your new one is within 10 years of the prior, they can and will allege the prior against you and you're subject to the second offense sentences. There is mandatory jail (96 hours minimum, but it can go up), fines, a second offender program, license suspensions, etc.
Answer Applies to: California
Replied: 11/5/2010
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
In Santa Clara County, the District Attorney always charges the prior offense(s). Depending on the circumstances, it may be possible to plea batgain the present one to a reduced charge.

Our office is very experienced in handling these matters. For more information or to be represented, please call
Answer Applies to: California
Replied: 11/5/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
You are a repeat offender with enhanced penalties for the second with a prior within 10 years. If serious about getting counsel to help you in this, feel free to contact me.
Answer Applies to: California
Replied: 11/5/2010
    Law Office of William M. Concidine
    Law Office of William M. Concidine | William Concidine
    This DUI will be counted as a second DUI,a prior DUI can be used against you for 10 years.
    Answer Applies to: California
    Replied: 11/5/2010
    Hale Law Group
    Hale Law Group | Joshua D. Hale
    Second offense if it happened within ten years. Call my office for professional, affordable representation.
    Answer Applies to: California
    Replied: 11/5/2010
    The English Law Firm
    The English Law Firm | Robert English
    Yes, it is a second offense if it is within 10 years.
    Answer Applies to: California
    Replied: 11/5/2010
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    The cut-off is 10 years, so unfortunately, your prior DUI counts.
    Answer Applies to: California
    Replied: 11/5/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Sorry, but you are screwed. Under the old law the first DUI dropped off after 7 years. Now they are good for ten years so you are definitely facing a second DUI.
    Answer Applies to: California
    Replied: 11/4/2010
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    DUIs in California are priorable for ten (10) years. Six years is a long time but not long enough. Yes you will be charged with a second time DUI. I would highly recommend hiring an attorney to assist you in both the criminal and DMV process. You will face a significant license suspension and jail time, so hire an attorney to assist you.
    Answer Applies to: California
    Replied: 11/4/2010
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Your new offense will likely be treated as a second offense depending on your age for the first one. They calculate offenses within 10 years from Arrest dates. How old were you when you received your first offense?
    Answer Applies to: California
    Replied: 11/4/2010
    Steven Mandell
    Steven Mandell | Law Offices of Steven Mandell
    In California, a new offense with 10 years of a prior makes the new one a second offense with greatly increased penalties. But there may be some ways to minimize the impact of the prior conviction. You should probably talk to a criminal lawyer experienced in DUI and DMV matters. If you would like to talk to me about it, please don't hesitate to call me. Good luck.
    Answer Applies to: California
    Replied: 11/4/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    It will be treated as a second offense, because in California DUI is priorable for 10 years.
    Answer Applies to: California
    Replied: 11/4/2010
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    In California a DUI within 10 years of a prior DUI is considered a second offense.
    Answer Applies to: California
    Replied: 11/4/2010
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