Extradition is the process by which a person is arrested in one state to face charges in another. You don’t have to have actively tried to avoid the charges you’re accused of to be extradited. In many cases, individuals simply did not know that they missed a required court date.
It is possible that a DUI you received in California could trigger the extradition process. If you believe you may have missed an important court date related to a Los Angeles DUI charge, your best bet is to contact a local DUI attorney. To schedule a free consultation with a leading DUI attorney in Los Angeles, simply call us at (310) 971-9045.
Many California DUIs Won’t Warrant Extradition
While California punishes drivers severely for driving under the influence of alcohol, many individuals are charged with a misdemeanor offense. For example, if you were charged for violating California Vehicle Code 23152, the offense is a misdemeanor.
Extraditions are expensive propositions and must be paid by the state in which the crime was committed. So, if you were arrested for a DUI in California and returned to your home state, California would have to pay your home state to have you returned to the Golden State for justice. A misdemeanor offense isn’t likely enough to warrant this expense by California.
You Can Be Extradited for a Felony DUI
While a misdemeanor DUI offense isn’t something that California is likely to foot the extradition bill to make you face justice, a felony DUI is substantially more likely to initiate the process. You can be facing a felony DUI charge in California if:
- Your DUI arose as part of an accident in which people suffered major injuries
- Someone died in an accident caused by your DUI
- You have four or more DUIs in the past 10 years
Likewise, if you have received a felony DUI charge in the past, your new DUI will also be charged in California as a felony. No one needs to be injured or killed as a result of your DUI, and the felony DUI charge is not held to the 10-year time limit.
Your Life Will Still Be Affected by Your California DUI
You may feel like you don’t have anything to worry about if you only have a misdemeanor DUI charge pending, as you aren’t likely to be extradited back to California. However, you do still have to worry about the consequences of the charge hanging over your head.
For example, California initiates an automatic license suspension when you arrested for a DUI. Rather than being issued by the courts, this administrative suspension is handled by the California DMV. Even if you ultimately have your DUI case dismissed by a judge, this suspension will go into effect within 30 days of your arrest. Your only hope of beating this administrative suspension comes by requesting a hearing within 10 days of your arrest.
Assuming you failed to respond to the notice of the hearing, the California DMV will suspend your license for a minimum of four months. This suspension will follow you across state lines. A police officer in your local jurisdiction will see that your license was suspended in California, which can mean all new legal trouble for you.
You Won’t Be Able to Return to California without Addressing the DUI
Another consideration is that a bench warrant for your arrest does not have a statute of limitations. If you failed to appear in court to address a DUI charge, the judge may issue a bench warrant. This means that any return trip to California will come with the knowledge that every police officer will be able to see that you’re a wanted individual and will likely arrest you on the spot.
Get a California DUI Attorney to Help You Clear Up Your Outstanding DUI
If you’re aware of an outstanding DUI in California, don’t try to wait it out. You will likely be in a much better position if you contact a DUI attorney with the experience you need to handle your pending charge. For most misdemeanor DUI charges, you can have your lawyer represent you in court. This means that you can remain in your home state while the charges are handled, even if you ultimately must return to California for a short jail sentence. Your lawyer may even be able to negotiate for an alternative penalty that keeps you from returning to California for prison time.
All you have to do is call (310) 971-9045 to get the process started. If you’d like, you can give us an overview of your case by filling out the form on our website. We can help you schedule a consultation with one of our knowledgeable attorneys, who will evaluate your case at no charge.
Don’t wait and worry about getting extradited for a DUI, call us today!