Previous driving under influence violations - define 10 years please
A person was recently charged with a third DUI, which was determined to have been committed less than 10 years between violations. How does the court determine the 10 years? Is it since the time that the accused was charged with the offense, or is the sentence date the one which is considered. The person in question would have greater than ten years if the date of the charge is considered, but less if the date of the sentence is considered. The court charged according to the latter, and I was also wondering if the person in question should, or could make some sort of appeal.
3 Answers from Attorneys
Re: Previous driving under influence violations - define 10 years please
Seems as if my client has always missed the deadline by about 24 hours - it never fails.
Re: Previous driving under influence violations - define 10 years please
Based on a recent court of appeals case, the sentencing date may be used as the date of the previous offenses.
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Re: Previous driving under influence violations - define 10 years please
Based upon: Minnesota vs. Miller, Minnesota Court of Appeals, November 23, 2004, File No. KX-03-3273, it appears that the state can use either the date of license revocation or date of conviction (usually sentencing date) to determine whether a prior DWI was within ten years of a subsequent DWI alleged offense.
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