Have had 2 dUI’s. 23 yrs.ago and 17 yrs. ago. If I ever got another one would it be considered my 1st or 3rd?

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Have had 2 dUI’s. 23 yrs.ago and 17 yrs. ago. If I ever got another one would it be considered my 1st or 3rd?

Asked on May 18, 2009 under Criminal Law, California

Answers:

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

Answered 11 years ago | Contributor

If you ever get another one it will be considered your first.  California has a DUI / DWI "wash out" of 10 years, calculated from arrest date to arrest date. This means that anyone arrested for drunk or drug driving within 10 years of the last arrest date will be charged with a second offense, with increased penalties and punishment.  Since you are well out of the 10 year, your previous DUI's have washed out.  Any future  DUI offense would be your first offense.

E.H., Member, Calfiornia Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

California’s Three Strikes Law states that you could get a life term sentence for a third felony conviction if you have already been convicted of two or more “strike” offenses. In addition, your prior arrests, even if very long ago, will continue to count as strikes, including your juvenile record. That being said, it is up to the Court/judge to decide whether to count those prior convictions. Depending on what type of DUI’s you were charged with, they may count as strikes.

A prior conviction counts as strike for "three strikes law" purposes if it was for a serious or violent felony."Serious felonies" are listed in California Penal Code Section 1192.7 (c), and "violent felonies" are listed in California Penal Code Section 667.5 (c). A felony conviction for DUI could count as a strike.

If you find that you have received another DUI, it would be best to contact a DUI attorney. A listing of DUI attorneys can be found at: http://attorneypages.com/526CA/index.htm


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