My sister was concvicted of DUI 6 years ago. She received another recently, and is going to have a jury trial. Can the former DUI be brought up during the trial by the prosecuting attorney? Wouldn't this be pejudicing the jury?
Thank you
1 Answer from Attorneys
In almost all circumstances, the prior DUI may not be brought up in the trial. Only prior felonies (which DUI is not) or crimes involving dishonesty or false statement (which DUI is not) may be brought up against a defendant in a criminal trial, and even then usually only if a defendant takes the witness stand.
Your sister should file a motion in limine (pronounced "LIM-uh-nee") to prohibit the prosecution from mentioning the prior DUI in front of the jury, since mentioning it would be improper impeachment and would be unfairly prejudicial.
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