Winchester, CA asked in DUI / DWI for California

Q: If someone had a DUI in another state, and then gets another DUI in California, what would most likely happen?

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3 Lawyer Answers
Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Bakersfield, CA
  • Licensed in California

A: Generally, a DUI within 10 years anywhere in the United States is chargeable as a prior so long as the law in California is substantially similar to the state of conviction. California is a “movement” state requiring a vehicle be moved to meet the driving requirement. Some states, are control states meaning you only need to be in control of the vehicle. If the laws are different it is not priorable in California.

Aaron R. Bortel agrees with this answer

Dale S. Gribow
Dale S. Gribow
Answered
  • DUI & DWI Lawyer
  • Palm Desert, CA
  • Licensed in California

A: IF CALIFORNIA IS AWARE OF THE PRIOR AND THE LAWS ARE THE SAME FOR THAT STATE AS THEY ARE IN CALIFORNIA, THEN IT WOULD BE A 2ND WITHIN 10 YEARS.

THE LAW IS VERY STRICT ON 2NDS AND DMV AND THE COURT WOULD PROBABLY SUSPEND THE LICENSE FOR A YEAR.

GET A GOOD LAWYER AND WORK OUT AN IGNITION INTERLOCK AND SOME CLASSES ETC TO TRY TO GET THE RIGHT TO DRIVE WITH RESTRICTIONS.

Aaron R. Bortel
Aaron R. Bortel
PREMIUM
Answered
  • DUI & DWI Lawyer
  • San Rafael, CA
  • Licensed in California

A: In most cases you will be facing both charges in court and suspension from the CA DMV. Make sure you or your lawyer contacts DMV within 10 days of arrest to preserve your CA driving privileges while the Administrative Case is challenged. DMV uses a code system and if it picks up the out of state conviction through the interstate compact then a code 17 will show up on your CA driving record. Recent changes in DUI law for 2nd DUI's allow for obtaining an ignition interlock license in CA without serving a no driving suspension if the DMV Administrative case is not won. Depending on the County, Court and Judge, you may be able to get a Diversion on this case which some jurisdictions now recognize under new CA law. This means if your case cannot be won at DMV and in Court, you may still be able to keep driving with an interlock device and avoid a criminal record in CA. Contact a DUI lawyer who works in the county of your arrest to discuss your case and options. If diversion is possible, it will take a lot of self help work on your part to get it done.

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