Legal Question in DUI Law in California

Yes.

California courts have ruled that the ten year rule applies to new DUI convictions because it does not increase the punishment for your old conviction, it enhances the sentence for your current offense based on the prior conviction.

And since you are facing your second DUI, it might be a good time to talk to a lawyer about fighting the charges. I would be pleased to consult with you free of charge. Don't wait until your court date.

Of course. They count as priors for 10 years.

If you are arrested and charged with a crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a decent outcome or plea bargain for you. If serious about doing so, feel free to contact me. I�ll be happy to help you use whatever defenses you may have. If you can't afford private counsel, apply for the Public Defender.

Keep in mind: When you are arrested for DUI, upon release from jail or booking, you were given documents that included a notice from DMV that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic one-year suspension of your license. Contact DMV and do so, timely, then appear at your scheduled hearing and present your evidence and testimony. If you don't know how to do these things, then hire an attorney that does.