I received a DUI 1 week ago in Burbank. I was convicted of a DUI 12 years ago in Van Nuys Court. Will this be treated as a second offense DUI?

Question: I received a DUI 1 week ago in Burbank.  It is a non-injury DUI.  I was pulled over for weaving.  I did field sobriety tests and answered all the questions the officer asked.  I was convicted of a first offense DUI 12 years ago in Van Nuys Court but I am no longer on probation for that conviction.

Will this be treated as a second offense DUI?

Answer: No. This will be treated as a first offense DUI because your earlier DUI was over 10 years ago.  The way the statute currently reads, if your previous DUI(s) are over 10 years old from violation date (of the previous DUI) to violation date (of the new offense), then for charging purposes, it will be charged as a first offense DUI as the statute reads now.  That being said, prosecutors can still use it against you when negotiating a resolution on a first offense DUI.

I regularly defend DUI charges in Burbank Court and would be happy to talk to you about your case and situation in more detail.

Sincerely,

Phil Hache
DUI Defense Attorney
Handling Courts in Southern California including Van Nuys, San Fernando, Burbank, Glendale, Pasadena, Metro, Bellflower, Alhambra, Malibu, Compton, Inglewood and other Courts.

Main Office in Sherman Oaks