My first DUI was in 2007. I got a second in 2014. So does that mean next year my first DUI falls off and if I got another it would count as a second again? Or does it now go by my most recent DUI?
You'd be considered a 2nd dui again.
I am licensed attorney who focuses on Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.
The timeframe to consider for statutory priors is 10 years. This means that if you are arrested for a DUI, then any previous DUI conviction may be used to enhance the punishment as long as the date of incident to incident was within 10 years.
Under your circumstances, if the first DUI was in 2007, then it could still be used against you to enhance the penalties for any subsequent DUI until the same date in 2017. Once the 2007 case can no longer be used as a statutory prior conviction, if you were to be convicted of another DUI (for example, in 2019), then it would be considered a 2nd statutory offense since you would still have the 2014 conviction.
It would be your second as long as 10 years has passed from the 2007 date. Say your 2007 conviction was in December and you get another DUI in August, then the August 2017 DUI would be considered your 3rd.
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