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If you have a DWI from more than 10 years ago the law does not allow that DWI, the older one to be used to enhance or make more serious this new DWI. But let’s not kid ourselves, a judge and a prosecutor can read a court record just as well as anybody else they’re going to know that you have a prior DWI. Now they can’t use that to make this new DWI more serious but it’s going to affect the outcome of your case if you plead guilty. Instead of maybe doing two days of community service or a long weekend on a first time DWI you may end up having to do five or 10 days of community service or two or three long weekends because of your prior DWI. So there are some difficulties there. The older the DWI the less relevant it becomes but the more closer to the 10-year period yes, prosecutors do look at those and so do judges.
Eden Prairie criminal defense attorney Martin Azarian talks about what you can do if you still have a DWI from more than ten years ago.