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I'm sorry to hear about your situation. The statute of limitations is something that requires you to be charged within a certain number of years of a crime being committed. It is not applicable here because you were charged and convicted of the DUI. What you are talking about is called a "lookback period," meaning how long the state will "look back" to a prior conviction. Unfortunately, Texas is one of the strictest states with DUIs, and it doesn't have a lookback period, meaning any DUI conviction can count as a prior, no matter how long ago (to compare, some states have a "lookback" period of 10 years, meaning a prior must have happened within 10 years of the new charge to count). I wish I could give you better news, because it is pretty harsh, but unfortunately that is how the law in Texas works. What the DA is asking for is toward the lower end of the possible penalties for a second DUI, probably in deference to the fact that your other DUI was so long ago. But unfortunately by law this has to be treated as a second DUI.