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

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.

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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