Is having a DUI in two different states the same as having two in the same state? 18 Answers as of April 04, 2011

If I already have a DUI in another state, does getting another one in California count as my second DUI? Because they are from different states, would I be sentenced as a first or second-time offender?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
A DUI in another state if it has the same legal definition as in CA qualifies as a prior conviction and thus an new conviction is a second offense etc. I cannot comment on the law of other states in this regard.
Answer Applies to: California
Replied: 4/4/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
Technically an out-of-state prior does change the charge to a second offense and it is treated that way. However I have found that there is much more room to maneuver with such a prior. We have been successful in persuading the D.A. to drop it.If you have other questions or would like to retain counsel call me.
Answer Applies to: California
Replied: 11/11/2010
Law Office of William R Fuhrman
Law Office of William R Fuhrman | William R Fuhrman
Yes, California courts and the DMV will add your new DUI to the previous conviction in another state and impose the same penalties and D/L restoration requirements that they would impose if both DUIs occurred in California.
Answer Applies to: California
Replied: 11/11/2010
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
I am not positive but I believe this would be a second DUI even if done in another state. If it were over 10 years old you would only get a first DUI.
Answer Applies to: California
Replied: 11/10/2010
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
a DUI in another State is a prior in California.
Answer Applies to: California
Replied: 10/19/2010
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Yes. Priors count from every state. That is why all the states are tied into the DOJ computer database. If you are serious about getting counsel to help defend you here, feel free to contact me.
    Answer Applies to: California
    Replied: 10/18/2010
    Desert Defenders
    Desert Defenders | John Jimenez
    Whether the out-of-state DUI conviction will count against you in California for DMV and court purposes depends on whether the legal elements for a DUI in the other state are the same as the elements required in California. If they are the same, or at least satisfy the requirements in California, it will be a second offense.
    Answer Applies to: California
    Replied: 10/17/2010
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Yes, often it is. Many, if not most states exchange information concerning DUI convictions. California recognizes conviction from other states if the offense in the other state is generally the same as one in California.
    Answer Applies to: California
    Replied: 10/16/2010
    Law Office of Marc K. Herbert
    Law Office of Marc K. Herbert | Marc K. Herbert
    Any DUI, even one from out-of-state, will be used against you if it occurred within the past 10 years.

    The DMV may impose a suspension of your driver's license for up to one year for a second DUI within 10 years. However, you can request an Administrative Hearing with the DMV (to protect your driver's license) within 10 days of your arrest for DUI.

    In court, you may be placed on informal probation for up to 5 years, ordered to spend up to one year in the county jail, pay fines around $3,500.00 and complete a second-offender driving program.

    However, it may be possible to negotiate a reduced charge (with lesser jail and fines) based on the alleged blood alcohol content and the specific facts and defenses in your case.

    If you would like to discuss your case in more detail, please call my office.
    Answer Applies to: California
    Replied: 10/16/2010
    The Law Office of Stacey Wolcott
    The Law Office of Stacey Wolcott | Stacey Wolcott
    Yes, if you have a DUI in another state, California will recognize it and count your DUI in California as a second. Basically, the DA will do a print out of you RAP sheet, or your Department of Justice record and it will show your first DUI. However, the wash out period is ten years so your first DUI will only count as a first for a period of ten years.
    Answer Applies to: California
    Replied: 10/15/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    It depends which state your prior DUI was in, and some luck, too. Some states are connected with California, and your prior will show up on the RAP sheet. Also, remember you face separate prosecution from the DMV, so you could face a situation where the court knows about the prior, the DMV doesn't, or vice versa. Hire an experienced DUI specialist to help you tread carefully through this process.
    Answer Applies to: California
    Replied: 10/15/2010
    Law Offices of Ramona Hallam
    Law Offices of Ramona Hallam | Ramona Hallam
    Yes. The first DUI will count in CA if the conviction rose to the level necessary to safeguard your constitutional rights. Other states used to define the elements of a DUI differently than CA and a person could get convicted with less of a showing than CA required. In those cases a foreign DUI would not be counted. It is on a case by case basis and the issue must be raised by you if the prosecution finds the foreign judgment good.
    Answer Applies to: California
    Replied: 10/15/2010
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    The out of state DUI would count as your first DUI if it was in the last 10 years.
    Answer Applies to: California
    Replied: 10/15/2010
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Unfortunately, it will be your second if the prior was within the past 10 years. The DA has to allege and prove the prior conviction, so if they do not allege it in the charges against you initially, you may want to discuss with your attorney a tactical reason to try and resolve the California case quickly.

    For a second, there are additional penalties and consequences - it is definitely worth consulting with a criminal defense attorney.
    Answer Applies to: California
    Replied: 10/15/2010
    The Law Office of Sam Salhab
    The Law Office of Sam Salhab | Samer Salhab
    In California, if it meets the definition of a DUI here but is from another state, it can be charged here as a prior DUI. The key question is whether the District Attorney knows about it or not. It is my experience that they are usually unaware of these priors. Please feel free to contact my office to discuss your options through a free consultation.
    Answer Applies to: California
    Replied: 10/15/2010
    Steven Mandell
    Steven Mandell | Law Offices of Steven Mandell
    That depends on a lot of factors, and there is no easy answer. Sometimes a DUI in another state counts as a prior for a DUI in California, sometimes it does not. This is a very complex, but very important area of law to deal with. I recommend that you consult with a criminal lawyer experienced in DUI matters with out-of-state priors. Most criminal lawyers give free consultations. If you would like to discuss this with me, please don't hesitate to call for a free consultation.
    Answer Applies to: California
    Replied: 10/15/2010
    The English Law Firm
    The English Law Firm | Robert English
    Generally you would be a second offender if the new jurisdiction has the information on the old offense. Sometimes, the new DUI jurisdiction won't charge as a 2nd, but the DMV has info and treats it as a 2nd. It can become complicated. You should contact an attorney. We are available in Southern California.
    Answer Applies to: California
    Replied: 10/15/2010
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