Q: DUI - my brother got a DUI in July this year. He has two prior in November and December 2005. So 13 years ago.
Does the state of Georgia look at the prior two when sentencing for the one in Georgia? He also has Huntingtons disease which is like having Parkinson-ALS and Alzheimer’s simultaneously. He watched my mother die in February of the same disease. We don’t care about drivers license - he should not drive anymore just don’t want him to go to jail.
A: Yes, the court will consider prior DUI's in last five years (which impact license suspension), DUI's in last 10 years (which affect mandatory sentence requirements), and total number of DUI's and other criminal history in making a determination about a sentence. The jurisdictions vary widely on what they do on the DUI's greater than 10 years old.
Nicola Cummings agrees with this answer
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