What is the statute of limitations for a DUI?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is the statute of limitations for a DUI?
Asked on March 1, 2013 under Criminal Law, West Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I don't exctly know what you mean. I assume that you want to know, how long does a DUI conviction stay on your record? The fact is that DUI's remain in your criminal history forever. However, for sentencing purposes, prior DUI's can typically be used in determining the penalty to be imposed if they are anywhere from about 3-10 years old. This is known as the "look back period"; after that time it's as though you were never convicted. So, for example, if your first DUI offense was 12 years ago, you would be treated as a first-time offender when the court imposes a sentence for this latest conviction. If it was only 2 years ago, then this would be considered to be your second offense and you would be punished accordingly.
Note: In a handful of states, there is no look back period. This means that a previous DUI conviction, no matter how old, can be used in determining a sentence for a later DUI.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.