If 8 years ago I received a DWAI and was recently I was pulled over in another state where I now live, will this be counted as a second offense since I ive in nother state?

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If 8 years ago I received a DWAI and was recently I was pulled over in another state where I now live, will this be counted as a second offense since I ive in nother state?

I filed my SR-22 with My insurance company and am waiting on DMV to receive the information from my insurance company to complete the process. I will be signing up for school ten classes before my court date, next month. I will be pleading guilty as my BAC was above .08.

Asked on March 11, 2013 under Criminal Law, California

Answers:

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 8 years ago | Contributor

Hello. If the State of Minnesota is aware of a prior conviction, then the State would be expected to use the prior DWI-DUI conviction 'to enhance' the new charge to a more serious charge.  The Minnesota Department of Public Safety would be expected to increase its sanction. There are situations in which a prior conviction from another state may be challenged.  I urge you privately to confer with an attorney with no delay.  The attorney will analyze all the facts of your unique situation. I suggest that you telephone several attorneys to select one attorney with whom you feel a sense of great trust. All the best.


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