I got a DUI a few days ago. I read about a wash out law that a conviction goes away after 15 years. This law according to the website I read says it was put into law in 2012 my last DUI was in 2004. Does this make me exempt from any prior DUI's?
The "lookback" period in Nebraska is currently 15 years. What that means is that convictions for DUI or Refusal that are more than 15 years old cannot be used to enhance a current DUI to a subsequent (second, third, etc.) The conviction itself does not go away, and prosecutors and Courts will still be able to see the old convictions, even if they can't be used to enhance the penalty for a current charge.
If your last DUI was in 2004, it is still eligible for use to enhance your current charge if the prosecutor finds it on your record. They don't HAVE to use it, but they can.
They answer to your question is NO, this does not make you 'exempt' from any prior DUIs.
It would seem that 2004 is within the 15 year period and will be priorable.
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.
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