If I got a third DUI after 10 years from my last, what am I facing?

UPDATED: Jun 27, 2015

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If I got a third DUI after 10 years from my last, what am I facing?

Asked on June 27, 2015 under Criminal Law, Wisconsin


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

Answered 7 years ago | Contributor

With DUI's, in most states the law provides something known as the "look back" rule. According to this rule, if your DUI conviction happened outside of the stated timeframe, the court will not consider it for sentencing purposes (although it will remain on your permanent record). In effect, it will be as though your most recent DUI was the first. In WI, the look back period is 10 years.  

Therefore, depending on the exact date of your conviction, it may or may not now work against you in court. Since criminal charges attach to a DUI, you really should consult directly with a DUI attorney in the area where the legal proceeding will be held. They can best advise you further. Experienced counsel, may be able to get the charge dismissed (or at least reduced).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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