DUI Defender

Last year the State changed the “look-back” period from 7 years to 10 years,thereby increasing the length of time a DUI convict can be charged with a “prior” conviction and subject to additional penalties. The State made this change to the contractual relationship it had with every DUI defendant without offering any sort of “consideration.” Consideration is required when a party chooses change a term of a contract to which they are a party.

Whenever a person is convicted of DUI they are informed that it is a “priorable” offense meaning that the offense they are currently being convicted of can be used to increase the penalty should they engage in the same conduct at some future time. The look-back period was limited to 5 years in the late ’80’s and has been 7 years until a year ago when the Legislature changed the look back period to 10 years. What this change has meant over the years is that a person who was arrested for a DUI with a prior conviction within the statutory period could be prosecuted for a more serious crime with significantly more draconian punishment.

Many persons opt to resolve their cases and enter a contract with the State that states the terms and conditions under which they will cease the defense of their case, the terms and conditions often include the look back period. Had the person been aware of a 10 year look back would they have resolved their case? Probably so but, to unilaterally change the length of time the State can look back alters a material term of the agreement.

Our firm continues to challenge the State on this issue under numerous theories including the contract theory discussed above. While we are having limited success, it is important that when you are charged with a DUI and a prior conviction, you meet and discuss the facts of both the prior conviction and the current offense with a lawyer who can advise you of possible challenges to both the current case and the prior conviction. A prior conviction may not be re-litigated but there may be problems with the way the plea was taken by the court, or the court you are in may one of the court’s we have had success preventing our client’s from being charged with a prior conviction outside of the originally agreed upon look back period. A qualified lawyer can help you navigate the laws and provide you the best chance to avoid the penalties associated with a second, third or fourth offense DUI.

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