In many cases, yes, California will consider it a second offense if you have an arrest for driving under the influence (DUI) in another state and face a subsequent DUI arrest in California. However, exceptions exist that could change how California treats your DUI.
A Los Angeles DUI lawyer can provide more in-depth information about how our state treats out-of-state charges for drunk driving. An attorney can also explain your legal options to handle these charges after an arrest.
How Does California Treat Out-of-State DUI Charges?
Generally, California will treat a DUI conviction from another state as a DUI in California due to the state’s membership in the Driver License Compact (DLC). The DLC is an agreement held by all but five states (the holdouts being Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin).
Under the terms of the DLC, if you have a DUI in another state and get a DUI in California, it is considered a second offense in most cases. However, exceptions can apply.
Your DUI from Another State May Not Count in California
As a sovereign state, California does not have to accept the terms of other states’ DUI laws when determining how it treats people within its jurisdiction. There are several factors California will consider before holding a DUI from another state against someone.
The Time of Your Conviction
California counts DUIs and similar offenses for 10 years from the date of the arrest. California won’t count any conviction before that date.
Similarities Between State Laws
California will only treat an offense as a DUI if the state’s laws are comparable to those in California. Prosecutors will not use the offense to seek a harsher penalty if there’s too much variation from California’s DUI laws.
The Other State’s Description of a DUI
Some descriptions of offenses in other states may not read like a DUI in California. If the offense description isn’t reasonably related to California’s DUI statute, it will count against you.
A criminal defense attorney can review your situation to see if these exceptions apply. A defense lawyer can also provide more information about whether it’s considered a second offense if you have a DUI in another state and get a DUI in California.
Does it Matter if California Considers a DUI a Second Offense?
It matters if California treats a DUI as a first or second offense because a second offense DUI in California comes with substantially harsher penalties. A second offense could be a DUI from another state, a DUI conviction in California, or some lesser criminal charges like a wet reckless offense.
So, how bad is a second DUI? The penalties for a second DUI can include:
- Two years of license suspension
- Fines and court assessment fees totaling up to $4,000
- A year and a half’s worth of DUI driver’s education classes
- Required installation of an ignition interlock device in your vehicle
- A prison sentence between 10 days and one full year
In some cases, you could face additional penalties besides those listed above. These severe consequences can have tremendous impacts on your life, so it’s crucial that you take them seriously.
You can reach out to an attorney for help handling a drunk driving offense and to learn more about the potential penalties for a second DUI conviction. Your attorney can explain how to beat a second DUI.
You Need to Contact the DMV After Any DUI Arrest
You have 10 days from the date of your DUI arrest to challenge the California DMV’s automatic driver’s license suspension. If you don’t challenge this admin per se suspension, you will lose your license for several months. Your driving privileges are lost even if the court does not convict you of a DUI.
An attorney can explain the steps you need to take to avoid an automatic license suspension.
How Does California Learn About Out-of-State DUIs?
In accordance with the DLC, the member states readily provide each other with the driving records of their citizens when requested. If you apply for a driver’s license in California, the DMV will likely have your out-of-state DUI on record.
Even if the California DMV has yet to be made aware of your DUI from another state, there is a good chance it could come up during a subsequent proceeding in California. Your previous DUI can be pulled from the public record, especially if it occurred in a DLC-member state.
A conviction from a state that’s not part of the DLC may still provide information about your DUI to prosecutors or the DMV as they seek to determine the penalties you can face after police officers accuse you of drunk driving. Fortunately, an attorney can immediately start working on a defense for your drunk driving charges.
Learn More About DUIs from Other States
So, if you have a DUI in another state and get a DUI in California, is it considered a second offense? In most cases, yes, California will count the out-of-state DUI as priorable. A second offense DUI is a serious matter that can result in severe consequences.
Fortunately, the team at Los Angeles DUI Lawyer has decades of experience dealing with people facing charges like yours. We can connect you with an attorney who will explain how California’s DUI laws affect you and how the prosecution is likely to view your DUI from another state.
We’re available to speak with you and find the right attorney. Don’t risk losing your license automatically—call today.
