Charged with a 3rd DUI, but1 of 2 previous DUI’s was more than 10 years ago?

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Charged with a 3rd DUI, but1 of 2 previous DUI’s was more than 10 years ago?

Police charged and booked me on a felony DUI, 3rd offense. I blew a .08 which I still strongly question, and the 2 previous convictions were 2006, 1996, both 10 years apart. I was under the understanding that the 1996 could not be used.  Is there some hidden loop hole?

Asked on March 4, 2011 under Criminal Law, Louisiana

Answers:

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

Answered 10 years ago | Contributor

This is your 3rd DUI.  Previous convictions stay on your record permanently.  However, by virtue of something called the "look back" (or "wash out") period, in LA the court can only look back into your driving record 5 years for the purposes of imposing a sentence.  So while this is your 3rd offense, it will be treated as your 2nd for purposes of imposing a penalty (or possibly your first depending on exactly when in 2006 you were convicted of your second offense).  At this point you should speak with an attorney in your are who specializes in DUI cases.  They can best inform you as to all of your rights.


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