when does a second dui become a prior?

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If you received a dui in 1996 and the law changed jan.1 2005 making it retroactive from 7years to 10 years. Does that mean after completing all court requirements and completing the orginal 7 years the court can make it prior offense if your arrested for dui after jan 2005?


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  1. mlee says:
    March 22, 2010 at 11:16 pm

    Tom, You’ve got to get some serious help for your drinking. I don’t care how long ago you got your last DUI/DWI, the accident that kills me or my kids because you’ve just had one too many won’t make us any less dead…7 or 10 years later. Mlee

  2. KC V says:
    March 22, 2010 at 11:16 pm

    Not knowing what state you’re referring to and being unable to read that particular states DUI laws, makes it difficult to understand exactly what your asking!

    However, based upon what you HAVE said…it sounds like the state made a law change concerning DUI laws and/or convictions.

    When something is done "retroactively," that means something happening after the fact. So if something happened up to the point of where the law USED to be one way…then it’s changed to the new version if whatever happened…happened after the change!

    Now I’M confused!!!

    MOST states laws stipulate issues concerning multiple DUI issues and convictions. These convictions don’t "go away" after a period of time. In my own state, for instance, if you are convicted of so many DUI’s after a specific number they are no longer Misdemeanor offenses but become Felonies for subsequent offenses!

    Hope this helps!

    Best wishes!

  3. ideamanbmg says:
    March 22, 2010 at 11:16 pm

    Any court case you’ve been found guilty of is a prior offense. Dwis are/were to affect your record for X years, after which they no longer can be used (legally) to effect your license or insurance rates. (don’t always work on insurance rates though) It varies per state on how long it stays on your record.

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