What to do about my third DUI arrest?

Question Details:

My first DUI was 9 years ago. When I was convicted DUI's stayed on your record for 7 years. However now the law is 10 years. Does this DUI still count against me? I was recently arrested for my 3rd DUI and wondering if the first one will count against me since when I was convicted the law was 7 years.

Asked 3/2/2011 under DUI / DWI | 421 View(s) | More Legal Topics

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DUI / DWI Law Answers

Rick Mueller / Answered 1 year ago | Contributor This attorney is licensed in California

Yes, a third DUI with the following penalties:

http://www.sandiegodui.com/penalty.html

First of all, a DUI remains on a driving record permanently.  I think what you are referring to here is the "look back" period.  This is the period of time that the court can look back into your record for sentencing purposes.  Since your most recent offense occurred under the new look-back period, the court will see how many offenses that you have had in the last 10 years.  Therefore, this will be your 3rd DUI.

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