North Carolina DUI- Will it be my second or third DUI charge?Recently on our DUI forum we had a driver ask, I was arrested for my first North Carolina DUI in Pittsboro, NC. I have had 2 other DUI charges from Maine, one outside the 10 year mark, the other around 6-7 years ago. I didn't give permission to be tested and I cannot even recall seeing police much less having them speak to me. I have numerous health issues and there is no way that my blood level was as high as they said, those levels are toxic. I cannot afford a lawyer and I am so scared.
Considerations after a North Carolina DUIThe first consideration for this driver is whether or not they will be charged with a first, second or third North Carolina DUI charge. The first thing to review is the look back laws for the state of North Carolina. The driver is correct that because only two of their arrests are within the 7 year look back period it is likely this North Carolina DUI could be considered a second drunk driving arrest, rather than a third.
Look back laws for each state
- 5 years: Alabama, Colorado, Delaware, Georgia, Florida (2nd offense), Hawaii, Idaho, Illinois, Indiana, Kentucky, Louisiana, Montana, Mississippi, Missouri, Oregon, Rhode Island
- 6 years: Ohio (but this one is tricky)
- 7 years: Arizona, Colorado (3rd offense), North Dakota, Washington, North Carolina
- 10 years: Alaska, Arkansas, California, Connecticut, Florida (3rd offense), Maine, Maryland, Minnesota, Nevada, New Hampshire, New Jersey, New York, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, Wyoming (as of 2010)
- 12 Years: Iowa, Nebraska
- 15 years: District of Columbia
- Lifetime: Kansas, Massachusetts, Michigan, New Mexico, Vermont