Payson, AZ asked in DUI / DWI for Arizona

Q: I have a question can dui's that are nine years old be used against me in court?

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2 Lawyer Answers
Matthew Maerowitz
Matthew Maerowitz
Answered
  • DUI & DWI Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: It is a bit unclear what you are asking. It depends on the type of DUI as well as the purpose the prior is being used for.

Do you have a new DUI and asking whether the old DUIs will increase your sentence? A misdemeanor DUI over 7 years from the date of offense from a present DUI will not increase the mandatory minimum penalty of the new misdemeanor DUI.

If the previous DUIs are felonies and the new DUI is also a felony then it could likely be alleged as a prior increasing the range of penalty.

If you are convicted of any new crime, a prior DUI (just like any crime) can be used against you at sentencing to argue you should receive a greater punishment.

Ashelee Weeks
Ashelee Weeks
Answered
  • DUI & DWI Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: It depends. DUI's within 7 years can enhance your sentencing in DUI cases. In some instances, felony DUI's (or felonies in general) may be used against you if you testify in a court case. So, more information is needed to better answer your question.

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