Will this be considered by first or second DUI in California? 11 Answers as of February 24, 2012

My first was 9 years ago and at that time DUIs stayed on record 7years. now the law is 10 years. I was recently arrested for my 3rd and was wondering if my dui from 9 years ago will count against me being when convicted the law was 7 years for that DUI.

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

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
It's the 10-year window that would apply to you. The conviction from nine years ago still counts.
Answer Applies to: California
Replied: 3/7/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
A DUI from 9 years ago will count as a prior despite the fact that the cutoff used to be 7 years. Sorry. Our office handles many similar cases and can probably avoid jail time if you are willing to go into a program. you can call us for more info or to get a fee quote.
Answer Applies to: California
Replied: 3/6/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
DUIs count as priors for 10 years, period. The law changed, retroactively. The DA will plead them as priors if they are within 10 years. Each prior will result in increasingly enhanced penalties.
Answer Applies to: California
Replied: 3/4/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Yes it will.
Answer Applies to: California
Replied: 3/4/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
Sorry - tho not very fair the 9 year old DUI counts as one DUI even though when you get it the time for it to not be counted was 7 years. Just one more way the system does nasty things to you.
Answer Applies to: California
Replied: 3/3/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    The DUI from 9 years ago will still count against you. The 7 year rule is out the window, no matter how old it is. The fact is, any DUI within the last 10 years is priorable.
    Answer Applies to: California
    Replied: 3/3/2011
    Law Offices of Lawrence Wolf
    Law Offices of Lawrence Wolf | Lawrence Wolf
    Yes it will be, call us.
    Answer Applies to: California
    Replied: 3/3/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Yes, you should expect that the charge from 9 years ago will be counted against you in the complaint. There is always a chance that the prosecutor drafting the complaint will miss it, but it is unlikely. It's not fair that you will be penalized even though the law changed since your plea. For instance, it is possible that if you knew that the arrest would stay on your record for 7 years as opposed to 10 years, then perhaps you would not have entered the plea in the first place. Just the same, that's how it works. I recommend hiring an experienced DUI attorney to handle your case. As a multiple offender, the potential consequences can be severe. The state continues to get tougher and tougher on DUI's. Whatever you decide to do, best of luck. Call me if you would like to discuss your case further.
    Answer Applies to: California
    Replied: 3/3/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    It would be regarded as a 2nd DUI.
    Answer Applies to: California
    Replied: 2/24/2012
    Steven Mandell
    Steven Mandell | Law Offices of Steven Mandell
    It will still count if it occurred within 10 years. This one will be your third.
    Answer Applies to: California
    Replied: 3/3/2011
Click to View More Answers: