Will a DUI from another state be an enhancement? 4 Answers as of September 09, 2010

My son was just arrested for DUI. He has a prior DUI from 5 years ago. He received that DUI when he was living on the east coast while at school. Will that DUI act as an enhancement for this one even though it was committed in another state?

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Yes in most cases. Contact me for options.
Answer Applies to: California
Replied: 9/9/2010
The Pakneshan Firm
The Pakneshan Firm | Pezhman Pakneshan
Yes it very likely will be considered a prior offense and therefore an enhancement (i.e. a prior). California Vehicle Code Section 23626 state that "A conviction of an offense in any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Dominion of Canada that, if committed in this state, would be a violation of Section 23152 or 23153 of this *code*, or Section 191.5 of, or subdivision (a) of Section 192.5 of, the Penal *Code*, is a conviction of Section 23152 or 23153 of this *code*, or Section 191.5 of, or subdivision (a) of Section 192.5 of, the Penal *Code* for the purposes of this *code*."

The important question is the definition of the NY statute and whether or not it would be equivalent to the California DUI statues. However, I believe a good DUI attorney should always challenge out of state convictions and let the District Attorney prove that the out of state conviction is similar to the California statute.
Answer Applies to: California
Replied: 9/8/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Yes, it will be a prior his attorney will have to deal with. All states records are tied into the Department of Justice data base. If he is in Southern California courts, and serious about hiring counsel, feel free to contact me.
Answer Applies to: California
Replied: 9/8/2010
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