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Dui

My husband got a DUI 15yrs ago and did diversion. He recently got another one and blew well over the limit. He pleaded not guilty and ask for a trial. Driver's license found out about the diversion and took his license. Is the diversion from 15yrs ago going to come up in court also. What is the punishment for this.

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He blew a .148
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Attorney answers (2)

Avvo Pro

Reputation Level 13
A 15 year old DUI case won't ALWAYS affect a new case. The general guideline is that DUIs that happen more than 7 years ago don't count. So for your husband this is a first offense. Although DUI is a gross misdemeanor punishable by a year in jail and a $5000 fine, his mandator minimums would be 1 day in jail and $866 in fines, as well as a license suspension.

He should immediately consult a DUI attorney who can help him, as with a prior, many courts will sentence ABOVE the mandatory minimums.

My office offers a free consultation at 425-424-9401.
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Reputation Level 16
I don't practice in WA. As the other lawyer stated, a prior DUI is only an issue for a certain amount of time. Likely, 7 to 10 years. So it shouldn't impact his current case.

Edward J. Blum
1 person marked this answer as good

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