My question is if the new law that began in 2011 would be able to be applied to prior DUIs? Example would be if 1st DUI was 1/1/2001, 2nd DUI was 1/1/2003 and 3rd DUI which was charged as a felony DUI was 1/1/2007 would the 3rd be able to be appealed for a lesser charge of a misdemeanor since the 1st DUI charge was prior to the July 1 2001 cut off look back period?
Asked on 6/21/16, 2:40 pm
1 Answer from Attorneys
DeVoe Treadwell
DeVoe Treadwell, Attorney at Law
No. Your appeal times have run out as well as any post judgement remedy. You should have been charged as a 3rd dui misdemeanor.
Answered on 6/21/16, 3:00 pm
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