Palm Desert, CA asked in DUI / DWI for California

Q: In the State of California, I was convicted of a DUI in 2006, a second DUI in 2012. Has the 2006 DUI fallen off?

I was recently ticketed for a 3rd DUI in April of 2018 although I've not been charged as of July 2018. My questions are: Will the 2006 conviction appear making this a 3rd DUI or will it be dropped off making the April 2018 incident a 2nd DUI? Because the first two, 2006 and 2012 were 6 years apart, will the 2006 make it into the charges of the incident in 2018?

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • DUI & DWI Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed

a dui is priorable for 10 years.....they never drop off. A dui is always on your record but is just not priorable. Even if you have an expungement of a dui it is still on your record for law enforcement to find.

the 2016 dui falls outside of the 10 yr perior with relationship to the new dui.

David Carl Beyersdorf
David Carl Beyersdorf
Answered
  • DUI & DWI Lawyer
  • Sonora, CA
  • Licensed in California

A: The 2006 DUI conviction will not count as a prior DUI for sentencing because it is more than ten years old. Your 2018 DUI will be treated at as a second offense.

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