if i had 2 DUI’s in 1999, 6 months apart and just recently got one on june 6th is this considered my 3rd DUI or 1st. i live in santa clara county????
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if i had 2 DUI’s in 1999, 6 months apart and just recently got one on june 6th is this considered my 3rd DUI or 1st. i live in santa clara county????
Asked on June 17, 2009 under Criminal Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
It may be considered your 1st, 3rd, or even 2nd. Without exact dates I can't say for sure. So here's the law in a nutshell:
If your prior DUI conviction was more than ten years ago, counted from the date of your first arrest to the date of your second arrest, it will not count as a prior offense.
Any drunk driving or wet reckless conviction, that is followed by another DUI or wet reckless conviction within ten years is considered "priorable" and will be treated as a second offense.
The "washout period" in California, also known as a"look-back" period, is ten years, at which time the prior conviction "drops off" and becomes "stale" and can no longer be considered a prior offense or increase punishment. Note: While they can no longer be used for the imposition of penalties, they will remain on your record forever.
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