Crestview, FL DUI Law Firms & Lawyers

The car needs to actually be moving to be convicted of DUI. Some states have operating under the influence statutes which allow prosecution for being in or around the car while drunk. California requires what's called volitional movement of the vehicle to obtain a conviction. I like to remind cops, prosecutors and people that the "D" in DUI stands for driving and they must prove that the person charged was driving to obtain a conviction. There are a couple of exceptions to the driving requirement and those are covered under Vehicle Code Section 40300.5. If you've been in an accident or if the car is blocking the roadway, then the cops don't need to see the car move. In addition to the requirement to prove Driving at trial, the common law and Penal Code Section 836 require that a misdemeanor offense occur in the presence of the cop who makes an arrest for the arrest to be lawful. A DUI cannot occur in the officer's presence, if he doesn't see (sense) driving. This may not be an issue if there are other crimes that can be charged.

Short answer: Yes, they can use anything against you. Not all prior offenses MUST be used against you, but all of the can. Whether it is the policy to use such old events is largely dependent on the poicy of the particular county's State Attorney's Office. You should hire a lawyer who is familiar with your particular county. 

It depends on what country you are traveling to. Some countries, like Canada for example, will not let you in if you have a pending DUI charge. Other countries may not allow you in with a previous conviction. You will have to check on what country or countries you are planning on traveling to to see if you will be affected.