Ten Year Rule for Separate DUI Convictions

As criminal defense attorneys, our hope is that any client with a DUI conviction only deals with a DUI once in their lifetime, however, we often see potential new clients with multiple DUIs come through our office. However, having multiple DUIs does not automatically mean that a previous first-time DUI conviction can enhance the punishment of the second DUI.

It’s important to note that if you have a DUI conviction that occurred in the last 10 years and now you have a new DUI charge, that first DUI conviction CAN enhance the punishment of your current case. If the separate DUI violations happened more than 10 years apart, your first DUI charge CANNOT be used against you to enhance the punishment of your current DUI case.

When Does the Ten Year Rule Start?

The ten years begins to accumulate when you commit the offense. Therefore, your date of conviction does not start the clock on the ten year rule. Here’s an example: You get arrested for a DUI in January 2010 and are convicted in March 2010. If you get charged with a new DUI offense in February 2020, your first DUI can’t be used against you to bring additional punishments. This is the case even if your conviction occurred in  March 2010, which falls short of the 10 years.

Conclusion

If you’re facing a DUI charge and you’ve been convicted of a DUI within the last 10 years, it’s in your best interest to hire an experienced DUI attorney to help you with your case. Remember that according to the Ten Year Rule, if the DUI conviction happened within the last 10 years, it can be used against you to enhance the punishment of your current DUI case. In order to get the best possible outcome for your case, please call our offices at 800-797-8406 or visit our website at https://www.socaldefenselawyers.com for more information.