Sometimes clients want to know more about which states do not observe out-of-state DUIs. Every jurisdiction has its particular laws, which may increase the criminal penalties for driving under the influence of alcohol or drugs. Prior out-of-state DUI convictions may increase the penalties a defendant faces when they are convicted of a DUI offense.
If you are searching for more information regarding out-of-state DUI convictions and how they can affect a present DUI charge, then you should speak to a Los Angeles DUI lawyer. The more information you possess regarding your legal rights, the more you will be prepared to assist your lawyer with your defense. Understanding which states count out-of-state DUIs can help you develop an effective defensive strategy.
Prior DUI Convictions and Penalties for a Current DUI Offense
States base the severity of penalties for DUI convictions on the number of total DUI convictions. Every DUI becomes more serious the greater the number of prior DUI convictions a defendant possesses. Most states classify DUIs by first offense, second offense, and third offense.
Penalties Become More Severe with Each DUI Conviction
State laws determine the penalties defendants will face for being convicted of a DUI. The penalties may include terms of probation, monetary fines, and community service. The following are common penalties for those with multiple DUI convictions:
- The current DUI being charged as a felony
- The installation of ignition interlock devices
- Long driver’s license suspension periods
- Higher monetary fines
This is not an exhaustive list of the possible penalties defendants with multiple DUI convictions may face in the United States. Each state will have its own standards for assessing punishment for those with more than one DUI.
DUI Convictions Transferring from One State to Another
The majority of states treat out-of-state DUIs as prior convictions. However, the DUI laws in both states must be similar. Essentially, the two states must have similar definitions of driving under the influence. Also, many states enter into interstate compacts, which require them both to notify the other when an individual is charged with driving under the influence.
Numerous States Have Different Blood Alcohol Concentration Levels
DUI laws in different states may have different blood alcohol concentration levels. It is illegal to drive in most states with a blood alcohol concentration of 0.08% or higher. However, in the State of Utah, defendants can be convicted of DUI with a blood alcohol concentration of 0.05% or higher.
Underage DUI laws may also affect whether you are charged with a single DUI or with multiple DUIs. Blood alcohol concentration requirements may be different for underage DUI charges in each state. In the majority of states, it is against the law for underage drivers to have a blood alcohol concentration of 0.08% or greater.
Driver License Compacts in the United States
Individuals who face DUI charges in California will not be able to hide the fact that they were convicted of a DUI offense in this state. Also, the State of California will consider other convictions that arose out-of-state as if they occurred in California. This is the case because California is a member of the Driver License Compact (DLC), an agreement among forty-five states that mandates member states to share information regarding DUI arrests and convictions.
Uniform compact laws such as the Driver License Compact (DLC) reduce administrative costs and make tracking DUIs more efficient. Some of the offenses that relate to the Driver License Compact (DLC) include reckless driving, vehicular manslaughter, and driving under the influence. The following five states have not joined the Driver License Compact:
- Wisconsin
- Michigan
- Tennessee
- Georgia
- Massachusetts
These states may still share information with Driver License Compact member states on a voluntary basis. Also, all DUI convictions will raise your insurance rates for a long time after the conviction date.
Out-of-State DUIs in the State of California
A DUI conviction from another member of the Driver License Compact may not always be applicable in California. The State of California requires specific elements to be satisfied before a DUI can transfer from one state to another state. First, the statute needs to be similar to the applicable statute in California.
Second, the laws concerning DUIs must be reasonably similar to the laws in California. Third, the methods of enforcement must be similar. The State of California requires that another state’s DUI penalties be similar to the penalties faced by citizens of California.
If you have a DUI in California, it will follow you when you move out of the state. It is possible that your driver’s license will be revoked in your new state and in California until the DUI charge in California is processed. During this time, you will not be able to drive in the United States.
The Benefits of Retaining a DUI Attorney in Los Angeles
Two of the primary benefits of retaining a DUI attorney are attorney-client privilege and attorney-client confidentiality. These principles will allow you to speak with your attorney in a confidential and protected manner. Doing so will enable your attorney to offer you exceptional legal representation.
It is important to consider many different factors which can affect the outcome of a DUI case. Sometimes it can be necessary to take a DUI case all the way to trial. Hiring an attorney will help you understand more about the external factors that can have an effect on your legal rights.
Contact a Los Angeles DUI Lawyer Today to Learn About the Legal Options Available To You
Being convicted of a DUI can be a traumatic and stressful experience. However, it is important to seek out legal counsel if you want to reduce the likelihood of being convicted of a felony DUI. If you need legal help, then contact us today to schedule a free consultation.
A Los Angeles DUI lawyer can provide you with the skills, knowledge, and experience you need to fight a DUI charge. You may want to learn more about how prior DUI convictions may or may not affect your current DUI case. We can help you determine the best defensive strategy that will help you resolve your case and move forward with your life.
