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Good morning. Yes, it is possible. The reason why I say this, is because the State will likely check the NCIC and it could reveal you have a prior, out of CA. As such, they could file this as a second. While the other was 3 years ago and in another State, the law does not only count those offenses/DUI's which were obtained in that actual State. Now, they may not perform their due diligence and may not see this and unless you are under oath, have no obligation to admit to this or tell them.
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