Prior DUI California Law • Out of State Prior DUI • CA DUI Lawyer • Sacramento DUI

What counts as a Prior DUI in California?
For many years a DUI (includes DUI with Injury) could only be used against you to increase the sentence on a new offense for a period of 7 years. On January 1, 2005, the law changed the look back period to 10 years. The law was challenged as a violation of the Constitution’s Ex Post Facto clause. The California Court of Appeals, however, held that was not so. In the end a DUI “arrest” that results in a conviction in this state, within 10 years of a new “arrest”, can be charged as a prior. Remember that we measure the 10 year period from the date of the first arrest to the date of the subsequent arrest.

A conviction for what is commonly called a “Wet Reckless” is also considered a prior DUI but a “Dry Reckless” is not.

Out of state DUI convictions are more difficult to identify. It depends on whether the other state’s laws are “substantially similar” to our own.

Arrested for DUI in Sacramento County and have Prior DUI's? Call Us Now.