Q: Preliminary hearing papers state I am charged with a first offense DUI. Will they know about my past DUI at the hearing? I had a DUI 7 years ago in another state. The court papers state that I am being charged for a first offense DUI. Is this what they normally put on the paper work regardless of the offense count? How likely is it that my past DUI will be discovered by the DA?
A: Normally, the DA in your county will find it. However, although it is rare, I have had it happen where the DA was not aware of a prior. You have no obligation to inform the DA of your prior unless they would file for discovery and thereby formerly ask you, which is unlikely. Assuming they find it, you have not made 10 years since the prior conviction and therefore your new DUI will be considered a second DUI.