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I got a DUI 25 years ago in Washington state and was cited…

Customer Question
I got a DUI...

I got a DUI 25 years ago in Washington state and was cited again 11/19/17. Will the judge be able to see the prior DUI and assess the recent DUI as a second DUI and order me to serve 45 days in jail?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Washington state.

Lawyer's Assistant: Have you talked to a lawyer yet?

No. I haven't received the citation yet.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The prior DUI was a deferred prosecution.

Submitted: 8 months ago.Category: Criminal Law
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Customer reply replied 8 months ago
I also caused an accident on 11/19 with no major injuries. I blew a .17 breathalyzer reading but the police officer didn't sign the results he gave me.
Answered in 54 minutes by:
11/26/2017
Criminal Lawyer: LegalEase101, Lawyer replied 8 months ago
LegalEase101
LegalEase101, Lawyer
Category: Criminal Law
Satisfied Customers: 1,827
Experience: Lawyer
Verified
Hello,Since your prior DUI occurred more than 7 years ago, your current DUI was not charged as a second offense. The judge may be able to see your prior DUI, depending on whether the particular law enforcement agency 25 years ago decided to report it to the National Crime Information Center.Since you blew above 0.15, your penalty for the DUI would include a jail sentence of 2 to 365 days, with a minimum sentence of 2 days to be served consecutively. You may be able to get a minimum of 30 days on home confinement in lieu of the jail time.If you were charged with some other offense, that is, one which pertains to the accident, you would be sentenced on that in addition to the DUI. If you weren't charged with a separate offense, the judge may still take the fact that you caused an accident into consideration and give you some additional jail time on the DUI. It is within the court's discretion to consider the accident for sentencing purposes on the DUI.Hope this helps!Customer
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