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The “Lookback” Period for Priorability
If you have one DUI conviction in your life, that’s one too many for most people. Problems often arise when the second DUI occurs. In California, there is a 10-year “lookback” period for prior drunk driving convictions. Anyone with a DUI conviction who is arrested for drinking and driving within 10 years of that prior DUI faces increased punishment on the new count. If 10 years or more pass between arrests, the later arrest is treated as a first-time DUI.
Someone with the misfortune of picking up a second DUI within 10 years of the first DUI will face more complicated issues in the criminal case and the DMV case. DUI drivers with “priors” face greater license suspensions, fines, alcohol education classes, and so forth. A California attorney experienced at defending drunk driving cases can help drivers with multiple DUI arrests craft a defense and mitigate the consequences.
DUI offenses which will count as prior convictions include:
driving under the influence (California Vehicle Code Section 23152(a),
driving with a blood alcohol content (BAC) of .08 percent or greater (California Vehicle Code Section 23152(b),
DUI with injury (California Vehicle Code Section 23153 (a) and (b),
reckless driving involving alcohol, also known as “wet-reckless” (California Vehicle Code Section 23103.5).
An important point to remember is that the 10-year period is calculated from arrest date to arrest date. Although the conviction itself must take place before the conviction for the current offense, there is no requirement that either the offense or the conviction be before the offense for which the defendant is being tried. The California Legislature has declared that the timing of court proceedings should not affect the court’s ability to impose enhanced penalties for multiple offenses.
For example, a defendant may be in the midst of a second-time DUI case, which can sometimes take several months to conclude. If during that time the defendant is arrested for a third DUI offense, then the court in the third case can sentence the defendant as a third-time drunk driver, even though the defendant has not been convicted as a second-time DUI driver. The only hard and fast rule is that the offenses occur within a 10-year span.
The time to think about a second DUI charge is not the time to think about this 10 year rule. Consider the 10 year rule on your first DUI. This should be a consideration as to whether you will accept a plea or take your case to trial. The California Legislature has enacted increasingly harsher penalties for drivers with multiple drunk driving offenses within a 10-year period. The surest way to fight back is to consult with a DUI lawyer experienced in defending multiple drinking and driving cases.
Someone with the misfortune of picking up a second DUI within 10 years of the first DUI will face more complicated issues in the criminal case and the DMV case. DUI drivers with “priors” face greater license suspensions, fines, alcohol education classes, and so forth. A California attorney experienced at defending drunk driving cases can help drivers with multiple DUI arrests craft a defense and mitigate the consequences.
DUI offenses which will count as prior convictions include:
driving under the influence (California Vehicle Code Section 23152(a),
driving with a blood alcohol content (BAC) of .08 percent or greater (California Vehicle Code Section 23152(b),
DUI with injury (California Vehicle Code Section 23153 (a) and (b),
reckless driving involving alcohol, also known as “wet-reckless” (California Vehicle Code Section 23103.5).
An important point to remember is that the 10-year period is calculated from arrest date to arrest date. Although the conviction itself must take place before the conviction for the current offense, there is no requirement that either the offense or the conviction be before the offense for which the defendant is being tried. The California Legislature has declared that the timing of court proceedings should not affect the court’s ability to impose enhanced penalties for multiple offenses.
For example, a defendant may be in the midst of a second-time DUI case, which can sometimes take several months to conclude. If during that time the defendant is arrested for a third DUI offense, then the court in the third case can sentence the defendant as a third-time drunk driver, even though the defendant has not been convicted as a second-time DUI driver. The only hard and fast rule is that the offenses occur within a 10-year span.
The time to think about a second DUI charge is not the time to think about this 10 year rule. Consider the 10 year rule on your first DUI. This should be a consideration as to whether you will accept a plea or take your case to trial. The California Legislature has enacted increasingly harsher penalties for drivers with multiple drunk driving offenses within a 10-year period. The surest way to fight back is to consult with a DUI lawyer experienced in defending multiple drinking and driving cases.
Case Results
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1st offense DUI Under 21 BAC 0.16 Harbor Court (Newport Beach) – Client was in the Fire Academy and facing both DMV and criminal charges...
3 arrests for DUI in a 3 month span. All cases out of Orange County...
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