Will an previous out-of-state DUI show up in my state of residence if I’m subsequentlycharged with another DUI?

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Will an previous out-of-state DUI show up in my state of residence if I’m subsequentlycharged with another DUI?

If I have 2 DUI’S in CO and 1 in WY. When I go to court for the third DUI (which I got in CO), can the judge see the out-of state DUI?  Will it show up as 3 DUI’S or just 2? And what would be the sentence?

Asked on December 28, 2010 under Criminal Law, Colorado

Answers:

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

Answered 10 years ago | Contributor

Yes, an out-of-state DUI will show up.  The reason is that virtually all state motor vehicle departments have a network whereby each state can share information and communicate with every other state regarding matters such as revocation or suspension. Therefore, your out-of-state DUI will be treated as though in occurred in your home state.

However you don't indicate when you received these previous DUI's.  Most states have what is known as a "look back" rule.  By virtue of this rule, if your DUI conviction happened outside of the  stated timeframe, the court will not consider itfor sentencing purposes (although it will remain on your permanent record). In CO, the look back period is 5 years. What this means is that once 5 years or more have elapsed, a previous DUI conviction will not be considered.  So, for example, if your first DUI was more than 5 years ago, this most recent offense will be considered to be you 2nd DUI; if both previous convictions were more then 5 years ago, then you most recent offense will be considered to be your first (again, for sentencing purposes only).  Here is a site that will explain the penalties for a first (and subsequent) DUI:  http://www.dmv.org/co-colorado/automotive-law/dui.php

Since criminal charges attach to a DUI, you really should consult with an experienced DUI attorney ion the area where the legal proceeding will be held.  Possibly they can get the charge dismissed (or at least reduced).


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