Can we bring up prior DUI offenses that have already been plead guilty to that were only actual physical control in court.

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This is my wife's 3rd DUI she's been charged with. Class 4. I'm wonderful wondering if we have a case cause her first 2 were actual physical control not actually driving

Attorney Answer

1
Brian G Di PietroCriminal Defense AttorneyPhoenix, AZ ·
Even though the prior convictions were for physical control they still are DUI convictions and may be used to enhance the current DUI to a felony. Your lawyer should review those prior convictions to determine their validity as a prior.
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