I was arrested for a DUI in Arizona this year and was previously arrested in Nebraska in 2007. Will this new DUI count as 1st offense or a 2nd offense? Is there a way to have this new charge counts as a 1st offense?
1 Answer from Attorneys
The prosecutor may not learn of the prior conviction. If they do discover it, then it should be alleged as a prior conviction (assuming they can obtain appropriate supporting paperwork from Nebraska). Look at Arizona Revised Statute section 28-1381(K).
Be aware that if you resolve your case with a plea agreement, most prosecutors will require you to swear that you do not have any prior DUI convictions that they do not know about.
The foregoing assumes you were convicted in Nebraska of a recognized offense. If you were just arrested, that is not allegeable as a prior conviction.
I hope that answers your question,
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