Charges for driving under the influence (DUI) can have significant impacts on your life in California. What happens if you get a DUI in California and move to another state? You’ll have to go through California’s legal system to address these charges and may face penalties in the state.
A Los Angeles DUI lawyer can help you deal with these criminal charges after a move. In some situations, an experienced attorney can appear in court on your behalf, helping you avoid excess travel back and forth between states.
You can learn more about your situation when you call or fill out our online contact form.
What Happens to Your California DUI Court Case if You Move?
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.
Can California Bring You Back for DUI Charges?
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.
In most cases, however, DUI is a misdemeanor and won’t result in extradition. Still, the warrant would create problems. The police could arrest you, and you may face much more difficult penalties.
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. Missing court dates can negatively impact your life.
What Happens if You Get a DUI Conviction and Move States?
Suppose you have been convicted of DUI in California or had your license suspended for DUI by the California DMV. In that case, the consequences will continue to affect you if you move to another state. Moving should not be seen as a way to dodge DUI accountability—it will not work and can backfire badly.
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.
Time in DUI School
All California DUI sentences now include mandatory classes known as DUI school. These classes can take months or years to complete. The courses approved by the State of California are offered only in California. But you do have options:
- You may be able to get permission to take a similar, equivalent class offered in your new state or
- The judge may even allow you to take an online version of the California classes
The important thing is that you must request this from the court. If you do not get permission, then taking the classes out of state does not count and could carry penalties as a violation of the terms of your probation. Your lawyer can request this accommodation from the court without you needing to appear.
The same applies to most other DUI penalties, such as community service or alcohol treatment. If you request it, the court may allow you to serve an equivalent penalty out of state.
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.
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.
Moving out of state can make a DUI much more complicated. Hiring a lawyer is the best way to take care of any out-of-state DUI.
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.
