Legal Question in DUI Law in California

If i i have two prior felony duis both over ten years old if i got a new dui can that be charge as a felony


Asked on 3/02/11, 12:26 pm

2 Answers from Attorneys
Joe Dane Law Office of Joe Dane

No. If it has been over 10 years from the date of the most recent, then they cannot be used as priors against you.

The DA can argue that you have some outside the charging period and want to increase your punishment, even if it's not technically used as a prior.

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Answered on 3/02/11, 2:29 pm
Terry A. Nelson Nelson & Lawless

DUI's count as priors for 10 years on a new DUI. Felonies count as priors 'forever' under 3 strikes law on new felonies.

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Answered on 3/03/11, 9:58 am


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