How do you count mutiple DUI’s?

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How do you count mutiple DUI’s?

My dad just got another DUI, which makes it his 3rd. His first DUI was 10 years ago. Would his 3rd one count as 2nd now or still 3rd? Also, what is the possible punishment for this offense?

Asked on October 13, 2011 under Criminal Law, California

Answers:

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

Answered 9 years ago | Contributor

What you are referring to here is the "look back" period. This is the period of time that the court will look back into your record for sentencing purposes.  Since your father's most recent offense occurred under the new look-back period, the court will see how many offenses that he has had in the last 10 years. Accordingly, as long as his first was 10 or more years ago, this most recent offense will be considered to by his second. 

Assuming there were no aggravating factors involved (e.g. children in the car, etc), then the penalty for a second DUI is as follows:

  • Mandatory jail time of 96 hours
  • 18 months DUI school
  • 2 years driver’s license suspension
  • Fines, fees, and costs
  • 3-5 years court probation

Note: All offenses will remain on his driving record permanently.


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