If I had a DUI 23 years ago in addition to the one that I just received, will the older one brought up?
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If I had a DUI 23 years ago in addition to the one that I just received, will the older one brought up?
I was recently arrested for a DUI, it’s not my 1st I had one 23 years ago. I have been a model driver, not even a parking ticket since then. Will that DUI be brought up when I go to court for this one? I am 61 years old.
Asked on July 3, 2018 under Criminal Law, Kansas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
A DUI remains of your record forever. However, for sentencing purposes, a prior conviction cannot be use it if falls outside of the "lookback" or "washout" period. In KS, the lookback period is 10 years. Therefore, your first DUI will not be considered for sentencing purposes.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
A DUI remains of your record forever. However, for sentencing purposes, a prior conviction cannot be use it if falls outside of the "lookback" or "washout" period. In KS, the lookback period is 10 years. Therefore, your first DUI will not be considered for sentencing purposes.
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