Will my DUI 18 years ago still count if I got another for this year? 6 Answers as of March 12, 2014

I had second DUI in Sacramento, California in 1996, and had another DUI in February of 2014 in Turlock, California. Is my last DUI will count as my third one?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
The sentence enhancement for prior DUI convictions is 3 in ten years as applicable to normal non-injury misdemeanor DUI's so yours will count as a second offense. The court and law enforcement does have access to your entire record however so it could be considered. It just would not result in a mandatory enhancement.
Answer Applies to: California
Replied: 3/12/2014
Universal Law Group, Inc. | Francis John Cowhig
No. Only DUI's within the last 10 years count.
Answer Applies to: California
Replied: 3/12/2014
Steven Alpers | Steven Alpers
For prior conviction purposes duis only last 10 years. They cannot charge it as a prior, but the DA can argue that it shows you need harsher sentencing.
Answer Applies to: California
Replied: 3/12/2014
Strowbridge Blaisdel Richardson | Strowbridge Richardson
No BUT the DA might try to use it to enhance your punishment. Per statute, any DUI older than 10 years should be ignored.
Answer Applies to: California
Replied: 3/12/2014
Hudson Bair | Hudson Bair
No, the "look back" period in California is 10 years. Any DUI arrest, that resulted in a conviction, before February 2004 will not count as a prior conviction for triggering mandatory sentencing minimums. You should consider consulting a lawyer in your area as some jurisdictions will punish a second more harshly than a first even though not required to do so under the statutory framework.
Answer Applies to: California
Replied: 3/11/2014
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    No this will be your first again. Nevertheless, you need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
    Answer Applies to: California
    Replied: 3/11/2014
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