What happens to a person who goes to prison for ten years a day after he got second dui? does the dui go away?

If someone goes to prison, but knows he has a case out there, he should file a demand under Penal Code 1381 with the District Attorney in the county where the case is pending. The DA then has 90 days to bring the person to trial or the case will be dismissed. If someone went to prison for ten years but the DA never bothered to have him removed from prison to face the DUI charges, there would be a pretty good argument to dismiss the case because the government didn't act. This doesn't happen automatically, though, and the defendant would need to have an attorney file a motion to dismiss.

It could be handled the same way as if he didn't go to prison for 10 years. The state can have him brought back to court to face the new charge. If a certain amount of time passes and he's not brought back to court, a lawyer can file a motion to dismiss for lack of speedy trial.

Mr. Marshall is correct and this is something that can be brought forward from the person in prison. It is a very common occurence and should be done as the case will not go away and usually with someone who is to be incarcerated that long local law enforcement is very happy to either dismiss or resolve in a postive manner for th eperson in prison..