This is my second arrest on DUI accusations, and I was also arrested for my first drunk driving charges 12 years ago. The question is will my first DUI conviction be considered as a prior crime?
No. If the intermediate period between your earlier DUI conviction and the second arrest is more than ten years, it won’t be counted as a prior crime. And if the second drunk driving or wet reckless conviction takes place after first DUI or wet reckless conviction within ten years it will be regarded as “prior able” and will be processed as a second offense. The “washout period” or “look-back” period in California, is ten years. If the time period exceeds than ten years the prior conviction will drop off and become “old” and can no more be counted a prior offense or increase penalty.
