Legal Question in DUI Law in California
in California if you had 3 prior DUI's but it has been more than 10 years with a clean record since,is the "second first" DUI conviction apply to standard first DUI penalties or do they take past convictions into account and penalties will be more severe?
2 Answers from Attorneys
They technically count as priors only for ten years, but YES your entire record is taken into consideration. These cases are always 'subjectively' reviewed and rated by the DA and court. Your attorney will make your best defense arguments in plea bargaining. If serious about getting counsel to do this right, feel free to contact me.
The DA will always see your entire driving history and prior convictions and try to increase the punishment, but if it's been 10 years since your last conviction, the old ones "wash out" and do not increase the punishment under the applicable statutes.
Just how much your past will affect your case - that depends on the particular facts of the case and your blood alcohol level.
Keep in mind that you have the 10 day window to contest your license suspension with the DMV.
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