If you get a DUI in California and move to another state, you will face consequences. They will depend on whether you move before or after you’re convicted. You may not be allowed to move at all without the court’s permission, or you may need to come back regularly to report to the court.
In general, you cannot move away from California if you have a pending criminal case. If you move, you can be extradited back to California, which will be looked on unfavorably by the court. Whether you can move after your conviction will depend on your sentence.
A Los Angeles DUI lawyer can help you deal with the court if you have a DUI in California and wish to move to another state. In some situations, an experienced attorney can appear in court on your behalf, helping you avoid excess travel back and forth between states.
What Happens to Your California DUI Court Case if You Move Before Trial?
Your California court case will continue regardless of where you live after a DUI arrest. Additionally, you typically cannot legally move to another state while facing criminal charges. Leaving the state can have legal implications for your claim.
After your arrest for DUI, you will need to appear in court or have your lawyer do so. If you miss a court hearing, the judge may issue a warrant for your arrest. A lawyer can explain what happens when you have a warrant for a DUI.
You can be extradited for a DUI by California if you face charges for a felony DUI. This process will return you to California. However, you still shouldn’t leave if you have a misdemeanor DUI trial. You will have an open warrant and the police in your new state could arrest you.
Can a Lawyer Represent You While You Stay Out of State?
In some circumstances, the court may allow a criminal defense lawyer to appear on your behalf. You must confer with your lawyer about the specific expectations for your situation, and they will need to petition the court to allow you to leave the state. Do not leave the state without the court’s permission!
What Happens After I Get a DUI Conviction in California and Move States?
Moving should not be seen as a way to dodge DUI accountability—it will not work and can backfire badly. Your sentence will follow you into the new state. Drivers who move after a DUI conviction may still face:
A License Suspension
A DUI conviction can impact your driving privileges. California and your new state will know about your driver’s license suspension. You will not get a driver’s license in your new state until you clear up the DUI charge in California.
You would, essentially, be unable to drive legally anywhere in the country. California is part of the Driver’s License Compact (DLC) and shares information about DUIs with many other states.
Fines
Criminal penalties for a DUI conviction often involve fines. California will hold you to this financial responsibility even if you move.
Probation Requirements
You must follow all probation requirements after an arrest. You may need to provide proof of financial responsibility, attend an alcohol program, or perform community service. The court would prefer that you did these tasks while in the state.
For example, for mandatory DUI school:
- You may be able to get permission to take a similar, equivalent class offered in your new state or
- The judge may allow you to take an online version of the California classes
The important thing is that you must request probation accommodations from the court. Simply taking similar classes or doing service activities outside of the state will not count. Your lawyer can request this accommodation from the court without you needing to appear.
Jail Time
Judges typically want you to serve your time in the county where the offense happened or at least in California (you can sometimes request to change counties). Your best option is to hire a criminal defense attorney to try to negotiate a deal that doesn’t involve jail time.
Can You Get a New Driver’s License if You Move States?
When the police arrested you for DUI in California, they likely confiscated your driver’s license and gave you a paper document as a temporary license. Your license may have been automatically suspended by the DMV or as part of your DUI sentence.
You may wonder, “If I have a DUI, can I get a license in another state?” This is likely not possible. This suspension is a public record, and the DMV in your new state will know about it if you attempt to apply for a license.
No matter where you reside, you must serve out your license suspension before getting a new driver’s license. To complete your suspension and get a new license, the process you must follow is:
- Wait until you have served the entire period of suspension.
- Complete all other requirements, such as DUI school, in a way approved by the court in California.
- Get car insurance and obtain proof of insurance using an SR-22 form. You may ask your lawyer to help you so you don’t have to return to California.
- Ask your lawyer to complete the license reinstatement process in California.
Once these steps are complete, the California DMV will no longer have a “hold” on your license, and you can apply for a new one in your new state.
Learn More About What Happens if You Move After Getting a California DUI
What happens if you get a DUI in California and move to another state? The DUI charge will stay on your driving record and can still impact your driving privileges. You may have to return to the state to face these charges and could face potential issues with your claim.
You can learn more about this situation when you call or complete our online contact form to take advantage of our resources.
