Do My Prior DUIs Count
By otmseo on August 24, 2020
It depends on how long ago you were arrested, not convicted. When figuring out the statute of limitations for priors it is calculated from the date of arrest to the date of arrest.
In California, DUIs remain priorable for 10 years. So if you were arrrested on November 21, 1999 and again on November 22, 2009, the 2009 DUI would be considered a first time DUI.
If it was a plea, the prior plea had to be properly taken. You had to be advised of all your rights and properly waive them. There are technical rules that had to be followed. A qualified DUI lawyer should look it over and see if you have an issue to fight.
Most other states have a broader DUI statute than California, so if you have a DUI from out of state it may not count for California DUI purposes. I have a chart here. You need a qualified DUI lawyer to investigate and raise this issue if it exists.
I am experienced at DUI fighting priors both ways. Please give me a call at 213-893-8640 if you have multiple DUIs and need to fight your case in all ways possible.