Multiple DUI Convictions in Different States

Posted by Richard Lawson | Mar 02, 2017 | 0 Comments

Clinton Todd Sproles, unfortunately, received another DUI to add to his record on Saturday, February 25th. Police in Butte Montana arrested Sproles, 54, at approximately 11 pm on suspicion of drunk driving on Front Street. According to Sproles' own admission, he had been arrested for DUI many times before. In fact, this arrest was his 23rd DUI arrest. Sproles received a persistent felony DUI conviction in Gallatin County in 2008, for which he was sentenced to 20 years in Montana State Prison. It is unclear how much time Sproles served before being paroled. He was arrested at the scene and is currently in jail for probation violation and felony DUI charges. "It doesn't look like he's getting any kind of a message to stop his behavior, that's the concerning part," Sheriff Ed Lester said. "Anytime you're racking up DUIs, that's an amazing pace for anybody to set, so it's deeply concerning that he'd be out driving with potentially 22 DUIs."

Sproles DUI arrests and convictions are not exclusive to Montana. He has 9 convictions in Payne, Pottawatomie, and Oklahoma counties dating back to 1985. Each conviction warranted jail or prison sentences ranging from 1 month to 3 years, although it is unknown how much of each term was served.

While Sproles case is certainly an 'extraordinary' circumstance, multiple DUI convictions happen for many people, and sometimes in different states. Every state treats multiple DUI convictions differently. Generally speaking, 1st and 2nd DUI offenses are treated as misdemeanors. Administrative license suspension is always on the table but it can be fought, with terms for 1st offenses ranging from 90 days to 24 months depending on the state. For 2nd DUI offenses, administrative license suspension, if not successfully fought, ranges from 180 days to 5 years. With every added conviction, the penalties become worse.

License suspension is not the only things drivers have to worry about either. If you are convicted of a second DUI, you could be facing time behind bars. In Georgia, the minimum time a person may have to spend in jail for a second DUI conviction is 72 hours and could be as long as 1 year. Fines likewise increase with each additional offense, with the maximum fine for a second offense being $1,000. A 4th DUI conviction is the point at which the offense becomes a felony, no longer considered a misdemeanor. It is important to note that there is generally something known as a 'look back period' when a court evaluates a DUI. If a 2nd offense happened more than 10 years after the 1st offense, the 2nd offense will be tried as a 1st offense.

A DUI can have an impact on your license even if you were driving in another state when you were arrested and are dealing with the criminal system of that state. Per an agreement, known as the Interstate Driver's License Compact, an individual that gets a DUI in another state will have their license suspension administered by the state in which their license was issued. In addition, sometimes a DUI conviction can carry over to another state. Some states will evaluate a DUI conviction to see if the criteria for conviction is in line with their own state law, and if it is, then the conviction carries over. Mere DUI arrests that did not lead to conviction do not carry over and will not be counted against you. A big area of concern for most is job application in a new state. A good way to go about this if you are unsure about disclosing a DUI conviction from another state: most companies do background checks on prospective employees that review current and former state of residence. For that reason, disclosure is probably best. Some states do seal records of DUI more than ten years old, so check up on your state's laws.

If you or a loved one has been charged with a DUI in Georgia, whether it be your first or your fifteenth, please do not hesitate to contact Georgia DUI Defense Attorney Richard Lawson today. Richard Lawson has over twenty years of experience defending those accused of driving under the influence. You can reach his office by calling (404) 816-4440 or fill out an online form.

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Richard Lawson

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