Can I be charged with second DUI if the first was 5 years ago in another state? 4 Answers as of July 14, 2016

My friend was really drunk and we were in her car waiting for her father to arrive. All of a sudden, she pushed the start button and started driving. We crashed of course and I got in driver’s seat so we can push the car out of middle of intersection since it was snowing like crazy. I was afraid we would get hit. Police came, I was in the driver’s seat and got a DUI. She got one too since she admitted to driving and crashing. Do I have a good fighting case? Police never seen me drive, and the vehicle was already inoperable at that point. It wouldn't even start.

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Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Yes, if they find out about your out-of-state DUI. And that's just a matter of luck. Some states are more connected to California. Either way, you need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answer Applies to: California
Replied: 7/14/2016
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
Yes. They will charge you, whether the first out of state DUI counts is a question of law that needs to be determined based on the state statute for where the first occurred.
Answer Applies to: California
Replied: 7/14/2016
Miller & Harrison, LLC
Miller & Harrison, LLC | David Harrison
Certainly if the vehicle was inoperable when you were in the drivers seat, there is likely a good defense. The fact your prior offense was in another state does not change the fact that it would be a second DUI conviction, if you are convicted. Hire a lawyer or if you qualify, get a court appointed lawyer.
Answer Applies to: Colorado
Replied: 7/14/2016
Chambers Law Firm
Chambers Law Firm | Dan E. Chambers
Sounds like you have a very good case.
Answer Applies to: California
Replied: 7/14/2016
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