i have just been recently charged with a DUI. i have an old alcohol and driving offense on my record that is more then 10 years old. will that affect my most recent DUI?
3 Answers from Attorneys
Seriously doubt it. I would need more information though, Call me at 619-787-3456 for a free consultation.
Yes and no. If it is over ten years old the current offense should be charged as a "first." But this does not prevent the DA from taking the older offense into consideration when it comes to working out a disposition,
Convictions are priorable for 10 years, so you will face a first time DUI. The prosecutor will refer to you as a "first, but second lifetime" or a "first with one outside the 10". Yes, they can try (key word is try) to use that against you to increase punishment, but your lawyer should be able to shut that down pretty handily.