Q: I got a DUI in 2000.. I just got charged with another one. It's been 15 yrs. Will this be considered 1st also
Since it's been 15 years will they charge me with 2 nd...
A: They cannot charge you with 2nd under the circumstances you described. You are asking about T. C. A. § 55-10-405. That section defines "second or subsequent" offense for DUI. Subsection (a) states that "(a) For the sole purpose of enhancing the punishment for a violation a person who is convicted of a violation of § 55-10-401 shall not be considered a repeat or multiple offender and subject to the penalties prescribed in this part if ten (10) or more years have elapsed between the date of the present violation and the date of any immediately preceding violation of § 55-10-401 that resulted in a conviction for such offense." You still do need a lawyer though. Contact a lawyer in your area to discuss representing you in this case. Good luck!
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