It depends on how long ago you were arrested, not convicted. When figuring out the statute of limitations for priors it is calculated from the date of arrest to the date of arrest.
In California, DUIs remain priorable for 10 years. So if you were arrrested on November 21, 1999 and again on November 22, 2009, the 2009 DUI would be considered a first time DUI.
For more information, see our website at DUI Defense LA.
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