Legal Question in DUI Law in California
3rd DUI...first DUI was in 1998 & 2nd in 2001. 3rd was 11/2012. Will I be convicted under new law in regards to 3 DUI's in ten years. Last DUI was in vista/San Diego, California others were in Los Angeles county.
4 Answers from Attorneys
I think the answer to the question you did not ask is that yes, you need an attorney.
No the third DUI was more than ten years after the second. BUT the judge may take into consideration your prior DUI's and sentence you to the maximum sentence allowed for a first DUI. See comment of Joshua Hale above. . .
You are looking at a second time DUI as far as the court is concerned but the prosecutor and DA will be aware of the prior that is over 10 years.
Let's see: 2012 minus 10 equals 2002. Seems like you have no convictions since 2002. However, the prosecutor and judge will know of your priors and take that into "informal" account in plea bargaining or sentencing.