If I received a DUI 12 years ago and just received another in a different state, will it show?
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If I received a DUI 12 years ago and just received another in a different state, will it show?
And do I have to take the advanced DUI course or just the regular course?
Asked on November 10, 2015 under Criminal Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
A DUI conviction gets posted as a part of your criminal record and gets posted against your insurance driving record. Further, the majority of states have access to this information since they share DUI conviction information and honor other state’s license suspensions. Additionally, typically a state treats an out of state DUI conviction as if it happened in the current state.
That having been said, most states (but not all) have what is known as a "look back period". Basically, if there is a second or subsequent conviction outside of this timeframe, then while the conviction permanently stays on your record, for sentencting puropses the conviction will be treated as your first. Virtually no states have look back periods longer than 10 years, so you stand a good chance of being sentenced as a first-time offender.
To find out the specifics of applicable state law, you need to speak with a DUI attorney in the area of where you where arrested; they can best advise you further.
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