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DUI Prior Conviction FAQ

Even though I have been convicted of DUI before, is there any way to have my prior conviction(s) overturned or nullified for my current situation?

Yes. It depends on your particular case. There must be extenuating circumstances warranting the overturn. However, if your prior DUI was out of New Jersey it may not be substantially similar to New Jersey’s and not be used against you in sentencing. Similarly, if your prior conviction was more than 10 years prior to the current charge it also may not be used against you in sentencing. Please call me as soon as possible so that we can immediately explore your alternatives.

I was convicted of DUI or DUI in another state. Does that count as a prior conviction in this situation?

It may if the conviction is found to be substantially similar to New Jersey conviction. Please call me as soon as possible so that we can immediately explore your alternatives.

I have a prior conviction for DUI that is more than 10 years old. Does that count as a prior conviction for sentencing in this matter?

No. If the second offense occurs more than 10 years after the first offense, the court will treat the second conviction as a first offense for sentencing purposes. If a third offense occurs more than 10 years after the second offense, the court will treat the third conviction as a second offense for sentencing purposes. This is called a step down. However, there are no step downs for a fourth offense irrespective of the length of time between a fourth and the third offense.

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