thequest

Question to those dealing with legal problems or any problems with alcoholics and addicts. Family member furious that during dui proceedings it was brought up they had a dui in college decades ago. Stunned they even had those records. Supposedly dui free during that time.

1) Legally can a decades old dui come back on somone during sentencing? Or even a decision to arrest or prosecute?

1) As an addiction professional would an adult still getting busted for the same offense/s decades later be a red flag?

To me yes because they basically haven't matured or advanced past their juvenile escapades. They are trying to write it off as a college kid.

The warning is to the young addicts or friends and family of young addicts. Tell them their early criminal driving record can and will comeback on them even 2 decades later.

CarryOn

Not a lawyer...but had to check on DUI laws in Illinois awhile back to help an employee. In IL, they look at your driving history for 20 years to track your DUIs. It gets progressively more difficult (& more expensive) to get your license back after each DUI. The fourth DUI results in a PERMANENT loss of license.

Don't know about the repeated offenses from the perspective of an addiction specialist...but also from an employer perspective I feel that seeing someone repeat the same or similar errors in their choices is a red flag. We all make mistakes; learning from them allows them to become opportunities..

LexieCat

Each state is different, I believe, but generally anything on your record is fair game for consideration.

If you mean, does having two DUIs decades apart mean someone has a drinking problem... maybe. Or maybe not. Decades ago the DUI levels were higher. College kids often drove drunk back then. Today, it's certainly possible to simply use bad judgment in getting behind the wheel when barely over the limit.

So is it a red flag? I dunno, could be, but what would concern me more is the attitude that the system is somehow "unfair". Blaming others instead of oneself. THAT is more of a red flag to me in terms of a possible problem with alcoholism (or at least gross immaturity) than the fact that there were two DUIs decades apart.

Crazed

Here in my state (FL) they can go back pretty far- I am not sure how far. My EXAG recently got her 4th. By letter of the law, it is a felony and she is supposed to lose her license for life with possible hardship in 5 years. I am not sure how, but her attorney got it reduced to DUI- 2nd offense. Her 1st was about 20 yrs ago, and her 2nd was 13 years ago. 3rd and 4th were in 2013.

I did read somewhere that if you can show there was no legal representation for an old DUI, they may not count it.

I am not an attorney, just passing Internet and personal info...

LexieCat

Yes, Crazed, you're right. Uncounseled convictions are sometimes not counted.

Hammer

with the adder that of course it only applies IF they are still so stupid after those 20 years to be out and about drunk driving . . . and get caught. Which of course means they are doing a LOT of drunk driving.

Just when does one grow up and not have to worry about these burdens?