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Law Office of Anthony Sessa | Anthony Sessa
Yes. Your new DUI will be treated as a 2nd DUI and will result in 60-90 days. Jail time if you don't handle this case properly.
Answer Applies to: California
Replied: 11/21/2011
Robert Mortland | Law Office of Robert Mortland
The DUI in Florida could be charged as a prior conviction which would enhance the sentence of your California DUI.
Answer Applies to: California
Replied: 11/21/2011
Law Office of Peter F. Goldscheider | Peter Goldscheider
Your prior DUI may be alleged as a prior conviction enhancing your penalties in CA. You will need an experience defense lawyer to analyze whether it actually qualifies based on the legal elements of the charge in that state.
Answer Applies to: California
Replied: 11/21/2011
Theresa Hofmeister, Attorney At Law | Theresa Hofmeister
The California case will be treated as a second offense like a DUI with a prior.
Answer Applies to: California
Replied: 11/19/2011
Dennis Roberts, a P.C. | Dennis Roberts
If they find it, yes.
Answer Applies to: California
Replied: 11/19/2011
Law Office of Edward J. Blum | Edward J. Blum
Yes, but you need to fight it. Florida is a dominion and control state whereas California is a driving state. What that means is that your Florida conviction is for a crime that is broader than the DUI defined in California and so should not count as a prior here.
Answer Applies to: California
Replied: 11/19/2011
Pascher Law Firm | Sonia Pascher
Legally, if the provisions of the Florida statute are similar to those of CA, then they may treat the Florida DUI as a prior and charge with a second DUI in California. However, it is possible that the prosecution may fail to obtain that information, or simply find it too much trouble to pursue the DUI in CA as a second, and simply charge you with a first time DUI. However, your luck will probably run out with the DMV. DMV probably has the information on the FL DUI and will probably treat this CA DUI as a second and suspend your license for a year.
Answer Applies to: California
Replied: 11/19/2011
Law Office of Michael Bialys THE DUI MAN | Michael Bialys
It may be treated as a second DUI which may result in higher penalties.
Answer Applies to: California
Replied: 2/22/2012
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
If the DA finds out about it, yes. It can go back for 10 years. The only question is if it was the same offense.
Answer Applies to: California
Replied: 11/18/2011
Grant & Grant | Richard L. Grant, Esq.
Most probably, the prior DUI in florida will not be considered a prior in California. I would suspect that you will be treated as your First DUI. Suggest you hire an experienced DUI attorney to arrange the best result, and the New California DUI is treated as your first.
Answer Applies to: California
Replied: 11/18/2011
Law Office of Thomas F. Mueller | Thomas Mueller
Probably, but they may not catch it. Also it is possible that one of the two ( D.A. or DMV ) will catch it and not the other. What we don't want to do is call it to anyone's attention. You are better off lying in the weeds.Another consideration is that some states have DUI laws that differ from Cal. If that is so a good lawyer could get the prior thrown out and this would be treated as a first offense.
Answer Applies to: California
Replied: 11/18/2011
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
If the dui in Florida has the same elements as the California one then it may be used against you, as a result the current one will be a second time offense in California.
Answer Applies to: California
Replied: 11/18/2011
Law Office of Jeff Yeh | Jeff Yeh
Possibly. It depends whether the system here is linked up with Florida. And don't forget the DMV case. The DMV of both states may also be linked up, in which case your license suspension will be longer. Hire a DUI specialist ASAP, because you have only 10 days to save your license.
Answer Applies to: California
Replied: 11/18/2011
Law Office of Joe Dane | Joe Dane
Yes, you are likely to face a second DUI here in California. That's not to say that you will be convicted of a second DUI just that if the DA here knows about it, they'll charge you with a second. Your attorney should examine the prior to make sure it qualifies. The elements of the Florida DUI section you were convicted of must qualify as a prior here. And the DA must be able to prove the prior. They may not be able to get court records, etc. This is for your attorney to sort out - but since you're potentially facing mandatory jail time, 5 years probation, huge fines and the loss of your license it's worth getting representation.
Answer Applies to: California
Replied: 11/18/2011
Law Office of Daniel K Martin | Daniel K Martin
If California finds the Florida DUI it will be used to enhanced the new one the same as as it would be if it occurred in California.
Answer Applies to: California
Replied: 11/18/2011
Law Office of Eric Sterkenburg | Eric Sterkenburg
An out of state DUI within 10 years of a new DUI will be treated as a prior in court in California. The new DUI in California will be charged as a second DUI.
Answer Applies to: California
Replied: 11/18/2011
