A DUI in another state may count against you in California
In California, DUIs are considered a serious offense. That is why the punishments for driving under the influence of alcohol or drugs are so severe — they can include a license suspension, probation, mandatory DUI school, community service, fines and even jail time. If you’re caught driving under the influence a second, third or fourth time, the penalties are even more harsh.
California has a ten year “look-back” period for DUI offenses. This means that any alcohol or drug-related driving offenses within the past ten years (including “wet reckless” convictions) will count as a prior offense for the current DUI. Even if your only prior DUI occurred nine years and 11 months ago, that offense will be counted, and your DUI will be charged as a second offense instead of a first. While the consequence may seem harsh, it is meant to address the problem of repeat DUI offenders.
But what happens if a person has a conviction for a DUI in another state within the past ten years? Will that DUI count against them? As an experienced DUI lawyer in Pomona, CA will tell you, the answer is that it depends on the facts of the case and the law of the state where the offense occurred. Read on to learn more about the impact of a DUI conviction in another state on your California DUI case.
When Are Out-of-State DUIs Counted Against You?
To be considered a prior offense under California law, an out-of-state must meet two primary requirements. First, it must have happened within the ten years preceding the current arrest. Second, the conviction must also have been for something that would have been a DUI under California law. How do you know if your conviction would have been an offense in California?
The answer lies in the facts of the case and the law of the state where the conviction occurred. While most states have somewhat similar DUI laws — such as a legal limit of .08 percent — there are significant differences in the details of the laws in each state. For example, some states do not require a person to be so impaired that they cannot operate a vehicle with the care and caution of a reasonable sober person. Instead, they have a much lower standard, such as that the person’s faculties are impaired. Because California has a higher standard for DUI offenses — the state requires something more than just impairment — then a conviction in a state with that law wouldn’t necessarily count as a conviction under California law.
Another example of differences between laws is whether or not a person has to actually be driving the car to be convicted of a DUI. In California, just being drunk and sitting in the driver’s seat of a car isn’t enough for a DUI conviction; the car actually has to be driven. But in other states, it is enough that a person is in the driver’s seat of the car while drunk — even if the car isn’t on and the car hasn’t moved. If a person’s prior conviction is based on being intoxicated while sitting in the driver’s seat of the car, it wouldn’t’ count as a prior for California because that would not be a DUI under California law.
As you can see, determining whether or not a prior offense from another state will count as a California offense is complicated. It requires an understanding of California law as well as the laws of different states. At the Chambers Law Firm, our attorneys are adept at handling questions such as these, and will fight to protect your legal rights — including making an argument that a prior offense from another state should not be counted against you. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free consultation and learn more about how we can help you!
