What will happen if I received a DUI yesterday and my son was in the car but I had a low blood alcohol level and the car was not running?

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What will happen if I received a DUI yesterday and my son was in the car but I had a low blood alcohol level and the car was not running?

This technically will be my 3rd DUI with 1 being 9-10 years ago and the other about 15 years ago. What kind of penalty am I facing?

Asked on December 28, 2015 under Criminal Law, New Jersey

Answers:

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

Answered 5 years ago | Contributor

In NJ, there is a "look back" or "wash out" period of 10 years. This means that any prior DUI/DWIs are irrelevant for sentencing purposes if they are over 10 years old. Although, they do remain permanently on your record.
That having been said, whether or not this is your first DUI, the fact that your child was present in the vehicle will enhance the penalties that you face. Also, if your last DUI was only 9 years ago, then this will be considered to be your second offense.
Note: Whether or not your car was running is immaterial. If you had the keys and could excercise control over the vehicle, then your arrest was legal.
At this point, you really need to consult directly with a local DUI attorney. They can best advise you further.


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