Can a court use a 25 year old DUI to access penalties for a current DUI charge?

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Can a court use a 25 year old DUI to access penalties for a current DUI charge?

I have recently pled guilty for a DUI and the court is using a DWI from 25 years ago to base all of my penalties on. My blood alcohol level was .21 which I know is high and they are using that as well, but this is my first alcohol related offense in 25 years. Is there anything I can say in court to help me?

Asked on May 2, 2011 under Criminal Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The best thing for you to do for yourself is to have an experienced attorney standing next to you doing the talking for you.  Were you not appointed an attorney?  If you can not afford one ask for one.  Now, the next best thing that you can do for yourself is to know your state's laws on the matter of prior convictions and sentencing.  Generally speaking, the court usually considers prior convictions within a certain amount of years, like the past 5 years is a common number in many state statutes.  Knowing how the court reasons on the matter, so to speak, is the only way to start to "attack" for lack of a better word, their approach here.  I urge you: please gt an attorney.


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