If you haven't had a Dui in five years is it considered your first Dui
1 Answer from Attorneys
Not if you've had one before. Discuss that with your lawyer. A judge will know about all of your history, and likely will consider it. While there are some differences in mandatory minimum sentences when past DUIs are over five years old, you are facing a possible year in jail, $1000 in fines (plus surcharges), a license suspension, and other effects and should already have counsel.