Can a five year old DUI conviction in one state be used against you in a DUI prosecution in another state?

Question

If so, what if the legal limit is different in the two states?

Answer 1

Interesting question, I believe all states are .08 now, but they were not 5 years ago.

I can't speak for every state, but I know most of them recognize convicitons in other states. However, if your BAC was under the legal limit in another state, you would have a very good argument. Unfortunately, the police officer on the street would not have that information at the time of arrest.

I do live in Wisconsin, right on the Michigan border. Michigan occasionaly plea bargains a DUI to something they call "Driving while Impaired". In WI, we do not recognize the impaired convictions as a prior offense. However, I doubt every state makes that distinction. I fell very safe saying a conviction under the limit would not be a prior, for the sake of sentencing.

Answer 2

Yes, it can be used against you. The conduct in the first state has to be something that is against the law in the second state. So, for example, if the first state had a .08 blood alcohol limit and the second state had a .10, the prosecutor would have to prove that you were convicted AND that the B/A was over a .10. In other words he would have to prove it was a crime in his state. Obviously if the first state was a .10 state and you were being tried in a .08 state, it would only have to be shown you were convicted, since any conviction would be over the legal limit in the second state.

Answer 3

Your driving history will follow you, the rest of your life