Legal Question in Criminal Law in Louisiana
What is the statute of limitation on a dui? Is time based on when the crime is commited or when convicted or plea? Got a 2nd DUI misd in 1995-thought it cleared when imprisoned on other chrgs in another state and in 2002 a warrant came up-pled. In 2006 it was over 10 yrs old but used to make a 3rd DUI ? Law says at time commited so the 3 rd should have been a second and a misd?? True? Who to notify? Am on a prison sentence for the 3rd
1 Answer from Attorneys
It seem you're really asking about the cleansing period for prior convictions. From the date of the new offense, count back 10 years. If the accused was incarcerated during that 10 years add the number of days of incarceration to that 10 years.
The reasoning is, nobody gets a DUI/DWI while incarcerated so there should be no credit given for not committing this crime during incarceration.
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