I was convicted in court of DUI in June 2002, and again in December 2005. I have been charged again with DUI in Oct. 2009- how many DUI can I be charged with?
In Tennessee, convictions stay forever on your record. The time line to use prior DUIs for enhanced punishment runs from conviction date to conviction date. Let’s say you were arrested yesterday and let’s say you were convicted once before on November 18, 2008. Then you are DUI 2nd. The DA will look back 10 years from the Nov. 18, 2008 date and if you were convicted again on November 30, 1998, then that could be charged as DUI 3rd. And let’s say your very first DUI was 1991; guess what he gets to add that also and you could be charged as DUI 4th and a Class E Felony. 10 years look back up to a max of 20 years, but not farther than 20 years. So if it's been more than 10 years since your last conviction, you're OK, but if less than 10 years, do the math on all other DUIs. Remember the DA doesn't have to give you a first just because it's been more than 10 years and most times they want more time if you have been a frequent flyer. Good Luck
Didn't see the actual dates in the question. You are a solid DUI 3rd. That's if you can't challenge the priors. You need to talk with Steve Oberman's Office or Jim Bell. Some priors can be bad for a lot of reasons. The names I listed are assuming you are charged in Knoxville, TN.
DUI / DWI Attorney
I don't practice in TN. Each of your DUIs stay on your criminal record forever. They can be used as priors for a certain time, 7-10 years usually. You will be charged with the newest DUI and 1 or 2 priors depending on how long TN allows them to be priorable.
Edward J. Blum