Second DUI offense: what's different
Prior DUIs within a state's look-back period increase the stakes: longer license suspensions, higher minimum penalties and, eventually, felony charges.
Updated October 2026 · Sources are linked in the text · General information, not legal advice.
Examples of how priors change the license side
| State | With a prior | Source |
|---|---|---|
| Texas | ALR suspension rises from 90 days to 1 year with an alcohol or drug enforcement contact in the prior 10 years | Texas Transportation Code §524.022 |
| Florida | Suspension rises from 6 months to 1 year if previously suspended under the same law | Florida Statutes §322.2615 |
| Arizona | A third DUI within 84 months is a felony (aggravated DUI) | Arizona Revised Statutes §28-1383 (aggravated DUI) |
Charged with a DUI?Deadlines start at arrest. Get a free case review from a local DUI attorney.
Why to call a lawyer quickly
Repeat cases have more at stake and less room for error. A DUI lawyer can check whether the prior actually counts (dates, state, type of offense), handle the license hearing, and look for options like treatment-based programs where your court offers them.
Quick answers
Does a DUI from another state count as a prior?
Often, yes. States share driver records, and many count out-of-state DUIs. Ask a lawyer how your state treats them.