third dui arrest….first 2 were 20 years ago in illinois…my bac .088…..will judge take all this into account…if found guilty

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third dui arrest….first 2 were 20 years ago in illinois…my bac .088…..will judge take all this into account…if found guilty

Asked on May 25, 2009 under Criminal Law, Illinois

Answers:

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

Answered 12 years ago | Contributor

There is something in the law known as a "look back" period for DUI cases.  This is the time that the state will look back into your previous driving record.  In Illinois the look back period is 20 years.

Based on your facts I don't know the exact dates of your previous convictions - at the beginning of 1989, at the end of that year, a combination thereof.  So this DUI might be considered your first, second or third.

What you need to do is to speak with an attorney in your area that specializes in these type cases.  He will best be able to guide you through the process.  You should know that this is not just a DMV matter but a criminal matter as well.  You don't want to fool with all of this.  Get proper representation so that your rights are full protected.

What I can tell you is that, if you are convicted of a DUI / DWI, your driver's license and driving privileges will be revoked for a minimum of one year for the first DUI / DWI offense, five years for a second DUI / DWI offense committed within a 20-year period, and 10 years for a third or subsequent DUI / DWI offense.


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