Generally, past misdemeanors will not impact a DUI sentence unless the past misdemeanors are DUI or DUI related. However, alcohol, drug and driving misdemeanors can influence negotiations of a plea bargain. The more egregious the conduct both past and present, the more the chance it may play a part, and influence the outcome.

Answer Applies to: California
Replied: 11/14/2011

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If you have a misdemeanor DUI on your record that is less than ten years old then it will be used to enhance your sentence. In California non DUI misdemeanors that are over ten years old will not affect the DUI case you have now.

Answer Applies to: California
Replied: 11/14/2011

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Your friends aren't attorneys. Don't listen to them. Old misdemeanors (10 years or more) are probably completely irrelevant to what you're currently accused of, as long as you're not currently on probation.

Answer Applies to: California
Replied: 11/11/2011

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Probably old, non-DUI misdemeanors will not affect your punishment for a DUI. Most DUI penalties are statutory and do not vary much depending on the defendant's record but rather look to the facts of the current DUI charge (blood alcohol level, driving, cooperation, etc.)

Answer Applies to: California
Replied: 11/10/2011

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The only thing that will impact your DUI is a prior DUI or if your license wasn't valid at the time. Your priors won't matter. You'll still need a lawyer, both for the criminal case and to deal with the DMV. You only have 10 days from the date of your arrest to request a hearing with the DMV or they'll automatically suspend your license.

Answer Applies to: California
Replied: 11/10/2011

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Your really asking a couple of questions, let me see if I can break it down: First, non-DUI prior misdemeanors will not affect the punishment for your DUI unless you are on probation. Then it will only affect it because you would be punished for the probation violation (obey all laws). Second, any misdemeanor that is more than 10 years old, even a prior DUI, is not a usable as a prior.

Answer Applies to: California
Replied: 11/10/2011

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Generally people are punished more severely when they have prior criminal history. However you probably will not be punished because DUI's are pretty standard.

Answer Applies to: California
Replied: 11/10/2011

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As long as they were not prior DUI convictions within 10 years, they cannot be used to increase the penalty. However, if your lawyer is trying to get you a reduction it might become a factor depending upon what they were.

Answer Applies to: California
Replied: 11/10/2011

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If your misdemeanors charges are all over 10 years old and you are no longer on probation, then they should not be used against you in your current DUI case. If you had prior DUI's that are over 10 years old (arrest date to arrest date), although they would not be "priorable," the prosecutor may try to hold that against you when negotiating a plea agreement. This may be possible for other convictions as well, but in my experiences unrelated alcohol offenses over 10 years old have not come into discussions when negotiating with prosecutors.

Answer Applies to: California
Replied: 11/10/2011

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While a criminal record can be used by the District Attorney to argue for harsher sentencing, typically, in a DUI case, the jail time is worked out between the DA and the defense attorney well before a plea is entered. Now having said that, the DA will know what your record is when the plea is worked out. If the priors are related, for example a drunk in public, it could influence the DA's thinking and willingness to make a good offer. If the prior is directly related, for example a previous conviction for drunk driving within the last ten years, then, by statute, the sentence will be increased. In your case, since the prior convictions were more than ten years ago, you should not have those concerns.

Answer Applies to: California
Replied: 11/10/2011

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It is unlikely to be true

Answer Applies to: California
Replied: 11/10/2011

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Not likely. Unless your priors were DUI misdemeanors or driving-related, I don't see increased punishment as likely, especially when they are so old. However, that doesn't mean you should try to minimize the consequences. You need to consult a DUI specialist, because a DUI is not something you want on your record.

Answer Applies to: California
Replied: 11/10/2011

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The District Attorney will consider your complete criminal history in his evaluation of the new case. If the charges against you are weak, having your prior misdemeanor may make it harder to get a reduction or dismissal of the charges. If, however, you are found guilty or take a plea to the DUI charge, the punishment for first offense DUI is fairly standardized in California, and a ten year old misdemeanor probably won't affect your sentence.

Answer Applies to: California
Replied: 11/10/2011

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Not priorable so won't be considered a second DUI offense if outside 10 years.

Answer Applies to: California
Replied: 11/10/2011

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In my experience, misdemenaors that old, though always referenced by the DA, have no effect. You should consult with an attorney who regularly handles DUIs.

Answer Applies to: California
Replied: 11/10/2011

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