The defendant has had 6 prior DUI arrests in 6 different states.
Police in Illinois were recently called to a disturbing scene: a woman passed out behind the wheel of her car at a gas station in Riverside, Illinois, just outside of Chicago. The woman had tried to fill her tank with kerosene instead of gas, and was not wearing shoes in the cold weather. Despite being alone in the vehicle, she insisted that her 11 children were with her. She had an open bottle of whiskey in the front seat, and her eyes were glassy and bloodshot. After refusing to take a sobriety test, law enforcement officers arrested her on suspicion of driving under the influence.
The woman, Tasha Schleicher, has been charged with two counts of felony aggravated drunken driving, two counts of misdemeanor drunken driving, driving without vehicle insurance, driving with a license revoked for drunken driving, and transporting open alcohol while driving. She has previously been arrested for drunk driving in Kentucky, Wisconsin, Indiana, California, Oregon and Michigan, and is warranted on warrants in Nebraska, Idaho and Oregon. The Riverside police chief called her “one of the worst DUI offenders in the United States.”
Ms. Schleicher’s case is tragic, as it is likely the result of an addiction issue that has endangered her life, the lives of her children, and the lives of countless others with whom she has shared the road. It does raise an important issue for California drivers, however: the question of whether out-of-state DUI convictions will be considered as prior offenses under California law.
45 out of the 50 states share information with each other about DUI offenses. If you have been convicted of a DUI in another state, the chances are good that California will learn about that DUI. As a general rule, if an out-of-state DUI would have been a DUI in California, then it will be deemed a prior offense. For example, if you were convicted of a DUI in a state that defines driving under the influence more broadly than California does — such as by having a lower blood alcohol concentration (BAC) limit — then it may not be considered a prior offense. In that situation, your Orange County DUI defense lawyer may file a motion to strike the prior offense. However, in most cases, the question of whether an out-of-state DUI will be considered a prior offense is highly technical, and must be fully analyzed. A skilled Orange County DUI defense lawyer can assess the facts and law regarding the out-of-state DUI to determine if there is a possibility to have that DUI stricken from your record.
DUI offenses are treated harshly under California law, particularly if the offense is a second or greater DUI charge. If you have been charged with driving under the influence, the Chambers Law Firm can help. Contact our office at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a seasoned Orange County DUI defense lawyer today.
