If I had 2 DUI’s in the past but it’s been 15 years since my last one, would this most recent be a misdemeanor or felony?

Asked on October 19, 2015 under Criminal Law, Indiana


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

When it comes to previous DUI convictions, there is something in the law known as the "look back period". This is the timeframe in which a court will look to see if there have been any other convictions for DUI. In IN this period is either 5 or 10   years, depending on the case. This means that your 2 previous convictions cannot be used for sentencing purposes it will be as though this is your first DUI offense. Accordingly, depending on all of the circumstances of your case, it could be charged as a misdmemeanor. However, leaving the scene of the accident, was a mistake.
Note Your previous convictions will still remain on your record.
At this point, you need to consult with a DUI attorney in your area. There are defenses that can be put forth on your behalf. They can best advise you further.

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