If you’ve been charged with or convicted of a DUI, you might be asking yourself, “Does a DUI transfer from state to state?” The answer is “yes.” A DUI will likely transfer if you move to a new state. Fortunately, a skilled lawyer can fight your DUI charges, so you don’t have to worry about a conviction impacting your permanent record.
At Los Angeles DUI lawyer, we aim to provide the resources and advice you need to navigate the DUI legal process and avoid serious consequences. With our help, you’ll have the confidence and knowledge you need to get the best outcome possible for your case.
A DUI Can Transfer From State to State
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.
Several factors can impact how a DUI conviction can follow you throughout your life. Let’s take a closer look at DUI criminal records and how a DUI can transfer from state to state
The Driver License Compact Can Cause Your DUI To Transfer From State to State
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). The DLC 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. Additionally, 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 that the following conditions be met:
- Similarities in the law: For a DUI to transfer from another state to California, the laws surrounding a DUI conviction must be substantially similar to the laws in California. In other words, 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: For a DUI to transfer from another state to California, the other state’s DUI laws must also be close with regard to the penalties it places on convicted 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.
If you’re still unsure whether your DUI will transfer from state to state, you’ll want to speak to an experienced attorney. A lawyer can review the details of your situation and determine if your DUI will be recognized by the state you’re moving to.
Can I move to another state after a DUI conviction?
At this point, you might be wondering what happens if you get convicted of a DUI in California and move out of state. In this situation, you won’t be able to avoid the consequences of your actions. In addition, you’ll likely have to stay in California until you have served the entirety of your punishment. However, if you are able to move, you must abide by California’s laws.
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’ll probably have to serve your sentence in the locality where you committed the offense. However, a DUI attorney may be able to argue that you should 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 lawyer can file the SR 22 form and file for reinstatement on your behalf, even if you live out of state.
Unfortunately, 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 mandatory DUI school, which is only offered in California. However, a DUI attorney may be able to help you petition the court to accept a similar course in your home state.
How a Lawyer Can Help You Avoid a DUI Conviction in the First Place
Determining whether a DUI will transfer from state to state can be confusing. Fortunately, a skilled lawyer can help you determine whether your DUI will follow you to your new home. What’s even better is that an attorney can also help you avoid a DUI conviction in the first place. Here’s what a lawyer can do to protect you from DUI penalties:
- Investigate your impaired driving arrest and collect evidence
- Use witness testimonies, police reports, blood test results, bodycam and dashboard camera footage, and other forms of evidence to build a defense strategy
- Negotiate with prosecutors to obtain a plea bargain
- Argue that your license shouldn’t be suspended at your DMV hearing
- Represent you in court
- Present convincing opening and closing arguments at trial
- Fight tirelessly to get your DUI charges dropped or reduced
- Advise you on whether A DUI transfers from state to state
- Answer any questions you have about your case
Learn More About How DUIs Transfer From State to State
No matter where you face a DUI conviction, the state will take the charges seriously. If you’re moving, you need to remember that the penalties for a DUI 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.
The best way to avoid DUI problems when moving is by consulting with a skilled attorney. Contact a Los Angeles DUI lawyer today to learn more about fighting your DUI charges. We’ll provide the information and resources you need to keep your record clean and avoid unwanted penalties.
