OUI Lifetime look back!

Currently, there is legislation pending and waiting for the governor’s signature to alter the operating under the influence law. Currently, to determine if an operating under the influence charge is a first, second, third, or more offense the prosecutor looks at the individuals driving record for the past 10 years. The classification and mandatory minimums of the current operating under the influence depend on the number of prior operating under the influence offenses in that ten-year period. The pending legislation will do away with the 10 year look back and make it a lifetime look back.

Prosecutors could always look at the lifetime history of an individual and make the court aware of that history at the time of sentencing. Although the prior operating under the influence may be outside the 10 year look back period it can still be used as an aggravating factor in sentencing. It however cannot be use to increase the class of the crime or increase the mandatory minimums. This pending legislation will alter that and allow any and all prior operating under the influence convictions to be used to enhance the classification of the crime and mandatory minimums.

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