I have 3 dui's and got arrested almost 10yrs later for my 4th.Is it my 4th or 1st
Generally, the look back period extends from the date of the first conviction. Or second or third for that matter. If its a fourth you are facing serious jail time and repurcussions. Looking for answers on the internet is a poor substitute for an actualy consultation with an attorney. 30 minutes can shed a lot of light on your case and identify potential defenses. While you dont give a lot of information its clear this is a serious case. Importantly, it also appears that you may have a substance abuse problem. Getting treatment now shows the court you are taking this seriously and can go a long way in helping your sentence. Talk to a local defense attorney ASAP.
Please excuse my brevity and any typos as answers are often given using a cellular phone.
The 10 year loopback period begins on the date of the offense. For example, if you were arrested for DUI on 1/1/19, and you were sentenced or entered ARD on or after 1/2/09, this will be your fourth offense.
If you were arrested for this DUI after 12/24/18 and this is your fourth offense, it will be a felony, regardless of BAC.
If, however, this is your third offense, and your BAC is .16% or above or involved controlled substances, and you were arrested on or after 12/24/18, this will be a felony.
There are a number of other factors that must be viewed as part of any DUI Defense. Therefore, it is very important that you hire an experienced DUI Defense Attorney to represent you. A knowledgeable and experienced DUI Defense attorney will be able to fully and fairly evaluate every aspect of your case to determine if there is probable cause to stop your vehicle, probable cause to arrest, and whether the chemical sample (blood or breath) was administered and tested correctly.
Look for an attorney who is knowledgeable in the area of DUI, not merely Criminal Defense. The facts and law surrounding a DUI case can be complex and differ substantially from traditional criminal offenses such as assaults, thefts, etc. Having the right DUI Defense Attorney can mean the difference between a positive and negative outcome.
Many attorneys offer free consultations. Some, like me, offer free online case evaluations that can be completed online at a time of your convenience.
Contact many attorneys and choose the one the best meets your needs.
Insist on seeing case results, client reviews, and a true reflection of their qualifications. Make sure the attorney you choose has advanced education in the area of DUI, SFST, ARIDE, etc. When you find the best attorney for you, hire him and trust his judgment going forward.
This response does not constitute a lawyer client relationship. having an experienced attorney with specialized knowledge can make the difference between a negative and positive outcome. Choose the best attorney to ensure the best possible outcome.
Let me make this easy for you - the time starts from the date of the prior offense’s conviction date and goes to the current offense’s commission date. So basically, the law allows it to be the shortest possible look back period. That said, if you are facing a third or fourth offense the mandatory penalty by law is very serious and lengthy, especially now as the law has changed to making certain DUI offenses felonies. There are ways to mitigate significantly what can happen, even though mandatory sentencing is in play, also utilizing the law to your advantage, however, I would highly suggest hiring a local York County attorney to represent you. This person will be best positioned in your case to know the ins-and-outs, and players involved in the York County arena. Act now. Being proactive is very important in a case like this. Very critical.
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