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DUI Look Back Laws in Every State

DUI Look Back Laws in Every State

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The look back period, also referred to as the washout period in many states, refers to the amount of time prosecutors can consider previous drunken driving convictions when it’s time to decide on an appropriate sentence. For example, the look back period in the state of Missouri is 5 years. That means if a DUI in 2005 was followed by a DUI in 2010 or earlier, the latest arrest would be considered a second offense.

Since Missouri and all other states have stiffer sentences for repeat offenders, understanding the look back period is important. In the Missouri example, if the second DUI conviction occurred in 2012, that would be beyond the 5-year period. The older conviction would not be counted for sentencing purposes. That’s how some drivers with multiple drunken driving arrests can be sentenced for first offenses more than once. A handful of states have extended their look back periods, in some cases for life, so that repeat offenders are appropriately punished.

See also: First DUI Conviction: Penalties by State

Some states have recently changed their look back laws, but there is no consensus on whether longer or shorter periods are best. In some states, lawmakers have urged that drivers should be given a second chance and the periods are shorter. In other states, the argument that DUI’s are very serious crimes has prevailed and the look back period has been extended.

Here are the look back periods for each state:

(Click on the name of the state for more information about DUI laws) 

Alabama – 5 years.

Alaska – Lifetime. 

Arizona – 7 years. 

Arkansas – 5 years. 

California – 10 years.

 Colorado – Lifetime. 

Connecticut – 10 years. 

Delaware – Lifetime. 

Florida – 5 years for second offense, 10 years for a third offense. 

Georgia – 10 years. 

Hawaii – 5 years. 

Idaho – 10 years. 

Illinois – 5 years. 

Indiana – Lifetime 

Iowa – Lifetime. 

Kansas – 10 years. 

Kentucky – 5 years. 

Louisiana – 10 years. 

Maine – 10 years. 

Maryland – 5 years. 

Massachusetts – Lifetime.  

Michigan – 7 years for a second offense, rest of life for third offense. 

Minnesota – 10 years. 

Mississippi – 5 years.  

Missouri – 5 years. 

Montana – 10 years. 

Nebraska – 15 years. 

Nevada – 7 years. 

New Hampshire – 10 years. 

New Jersey – 10 years. 

New Mexico – Lifetime. 

New York – 5 years  

North Carolina – 7 years 

North Dakota – 5 years for the second offense, 7 years for a third offense. 

Ohio – 6 years. 

Oklahoma – 10 years. 

Oregon – 10 years. 

Pennsylvania – 10 years 

Rhode Island – 5 years. 

South Carolina – 10 years.

 South Dakota – 10 years. 

Tennessee – 10 years.

Texas – Lifetime. 

Utah – 10 years. 

Vermont – Lifetime. 

Virginia – 10 years. 

Washington – 7 years. 

West Virginia – 10 years. 

Wisconsin – 10 years 

Wyoming – 10 years.  

See also: DUI Roadside Breath Test Laws by State

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