Say you were arrested in Stanton for a potential DUI offense, but you were already in the process of moving out of California. If convicted of the charge, you could be facing serious penalties that could stop you from moving. Even in a best-case scenario, the impact of a DUI will usually transfer from state to state.
If you’re facing a DUI charge in the greater Los Angeles area, you could likely benefit from having your case evaluated by an experienced attorney. We can get you in touch with a DUI attorney that has the expertise you need to both handle your criminal case and explain how the charge could impact your move. You can contact us for your free evaluation by filling out the form on this website or by calling us at (310) 896-2724.
Driver License Compact
If you are convicted of a DUI in California, the charge will most likely follow you if you move out of state. Likewise, if you were convicted of a similar offense in almost any other state, California can treat you as if you had been convicted in its jurisdiction.
This reciprocal treatment happens because California is a member of the Driver License Compact (DLC). This is an agreement between 45 states to hold drivers to similar standards and share information amongst the member states. This information trade allows states to see if a driver from another member state has been convicted of a driving infraction, including DUI.
The five states that have not signed on to the DLC include:
- Georgia
- Massachusetts
- Michigan
- Tennessee
- Wisconsin
However, this does not mean that drivers coming from or moving to these states will avoid facing the consequences of a DUI conviction. These states may voluntarily share information with the member states of the DLC. Likewise, a DUI will affect insurance for many years past the date of conviction, regardless of where you go.
How California Treats Out of State DUI Convictions
While California is a member of the DLC, a DUI conviction from another member state may not automatically follow you into the Golden State. For a DUI conviction to transfer from state to state, California requires certain conditions be met first. These are:
- Similarities in the law – The laws surrounding a DUI conviction must be substantially similar to the laws in California. California will uphold a DUI charge if a driver could be convicted of the same infraction for the same behavior in either state.
- Similarities in enforcement – California requires that the enforcement of another state’s DUI laws must be close in substance to the penalties it places on drivers.
- Reasonable description – If a conviction for a DUI is not described as such by the other state, California is not bound by the terms of the DLC. A description of the charge must reasonably relate to the offense of driving under the influence for California to accept the conviction under the terms of the DLC.
How a Stanton DUI Transfers to Other States
If you get convicted of a DUI in Stanton and you move out of state, you are not likely to avoid the consequences of your actions. However, that doesn’t mean that you must stay in California until you have served the entirety of your punishment. What this does mean is that you must abide by California’s laws even if you need to complete your move out of state.
The state generally wants you present for any penalties you may face if you get a DUI in California. If your conviction requires jail time, for example, you likely must serve your sentence in the locality where you committed the offense. However, a DUI attorney may be able to argue for you to serve your time in your current locality instead.
There are some parts of the DUI process that you don’t have to return to the state to complete. You can have your driver’s license reinstated after the term of your suspension by having the appropriate paperwork filed. A Stanton DUI attorney can file the SR 22 and file for reinstatement on your behalf, even if you now live out of state. Likewise, a duly appointed lawyer can appear on your behalf for most court proceedings.
You may encounter some difficulty meeting California’s DUI Traffic school requirements if you move out of state. Depending on the severity of the charge, you could be facing many months or even years of mandatory DUI school, which are only offered within California itself. However, a DUI attorney may be able to help you petition the court to accept a similar in your home state or to allow you to attend the courses virtually.
Don’t Face a DUI Charge from Another State Alone
No matter where you face a DUI conviction, states take the charges seriously. If you’re moving, you need to remember that the penalties from a DUI conviction usually do transfer from state to state. Moving out of state is not a way to avoid DUI penalties and you could face additional problems if you try.
If you have moved or are in the process of moving, make sure that you know how a DUI can affect you. We offer free case evaluations for everyone, regardless of whether your moving to or from Stanton with a DUI conviction. If you think you’d benefit from an expert eye, you can reach us at (310) 896-2724, or by using the simple form on the right side of this page. Don’t take the risk of additional penalties – schedule your free consultation today!
