If I was charged with another DUI in a different state, is it considered a second DUI? 12 Answers as of July 08, 2013

I got a DUI in California four years ago, then I just got one in Oregon last night. Will this be considered a second DUI even though it is from two different states?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
If the elements of the offense are substantially the same in both states it counts as prior conviction.
Answer Applies to: California
Replied: 8/18/2011
Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
It depends on what Oregon law says, as the case is there. If the situation were reversed-eg, the first was in Oregon and the second in California-Cali would treat it as a second DUI.
Answer Applies to: California
Replied: 7/20/2011
The Law Offices of Christopher J. McCann
The Law Offices of Christopher J. McCann | Christopher J. McCann
It can be if the elements for a DUI conviction in Oregon satisfy the elements for a California conviction. For example, many states don't require actual "driving", just "operating". California requires actual driving. Therefore, if all you pled to was "operating" a motor vehicle under the influence, without more, it is not a prior in California. Even if you were driving in the out-of-state case for which you were convicted, California can't prove that from the record of conviction from the other state, which only says "operating."
Answer Applies to: California
Replied: 7/20/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
2nd: Yes. All states are part of the DOJ database, and court each others convictions as priors.
Answer Applies to: California
Replied: 7/20/2011
The Chastaine Law Office
The Chastaine Law Office | Michael Chastaine
Yes. Priors are priors, regardless of which state they are from. However, if only a local rap is run the DA may not know that you have a prior.
Answer Applies to: California
Replied: 7/19/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    For purposes of the court case the California conviction will be considered a prior in Oregon. The Oregon case will not be considered in California except if you get charged again in California. However if you still have a California drivers license the Oregon case may cause you to lose your privilege in California.
    Answer Applies to: California
    Replied: 7/19/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    Yes-expect to hear from the DMV soon. Call me with any questions. I suggest you secure your SR 22 ASAP!
    Answer Applies to: California
    Replied: 7/19/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Forty-five (or forty-six) states participate in the Interstate Driver's License Compact, designed to share Driver's License information between states, primarily for the purpose of exchanging DUI case information (no, it is not a good thing for a defendant). California and Oregon arepart of the Compact. They are not part of the Non-Resident Violator's Compact (includes forty-four states), but that does not mean that either state cannot find out about your priors in the other state, as most states DMV's have some agreement with other states. There is also a National Driver Registry now, so it is hard to be hopeful that your prior from one state willnot show upin another. California and Oregon will typically use each other'spriors to make your current DUI your second. In California, driving must be proven (though the police certainly might arrestyou even though you are just sitting in the car with the keys while under the influence, and the District Attorney will likely file thecase too, at least in Riverside County). As always, your Attorney can argue the finer points. This website is devoted to California law. Consult a competent, experienced DUI Attorney license to practice law in Oregon.
    Answer Applies to: California
    Replied: 7/19/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    In California out of state DUI's are considered as priors. You will have to consult with an Oregon DUI lawyer for the answer to your question as every state has its own laws.
    Answer Applies to: California
    Replied: 7/19/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    It depends on the state.
    Answer Applies to: California
    Replied: 7/8/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes, if Oregon finds out about the California DUI.
    Answer Applies to: California
    Replied: 7/19/2011
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