What are the penalties for a DUI in California when having a prior dui in another state?
Would this be considered a 2nd offense? Or 1st offense since the 1st DUI didn't occur in California? Thanks for your answers. Just to clarify, I'm not asking for myself - I'm asking for my sister who has received 1 dui in another state and is now living in CA. She has not received one...
Would this be considered a 2nd offense? Or 1st offense since the 1st DUI didn't occur in California?
Thanks for your answers. Just to clarify, I'm not asking for myself - I'm asking for my sister who has received 1 dui in another state and is now living in CA. She has not received one in CA, but I'm planning on talking to her about her drinking problem and wanted to bring up what the consequences would be if she did receive another while in CA.
It depends, every state can find out about every other state's convictions. However, not al DUI's are the same. In California the court will only recognize an out of state conviction if the law is "substantially similar".
There are a couple of main points on this. First, is the law similar on the legal limit? Some states allow for a DUI conviction on less than a .08 which California will not recognize as our law is .08.
More often is the definition of "driving". In California the definition of driving is what you would expect, the person must exert control over a car that is moving. Believe it or not, a number of states, and the Federal Government, do not require this. They are "control" jurisdictions. This means that if you are in 'control' of the car, it can be a DUI.
This means that if you go to your car to sleep it off, and the car i spiled high with snow proving you did not drive, in Colorado this is still a DUI.
California may not recognize those convictions as it again is not 'substantially similar' to our laws.
Bruce Kapsack
Dont tell them about the other state. They may not find out, or have legal right to.
If they ask, say no.
2nd offense, and it depends on how long ago the first one was.
this is where the normal persons common sense would come into play and say if you have been convicted of a dui before then it is your second dui. if you deny it then be prepared for the trouble you may get into for lying to a judge about it they do not like liers. just because it happened in another state does not mean it did not happen. think about it.
Lots of jail time, prolly wind up in the big house
California, and all other states, run a nationwide criminal check to determine your priors. It doesn't matter that your other DUI happened in another state. This will be your second DUI offense which makes it likely that it will be charged as a felony. Standard sentencing in California for a second DUI is 6 months of county time plus 3 years of probation. This is subject to the discretion of the judge, however. It could go as high as 2 years state prison and as low as 3 years probation with a suspended sentence. You won't likely be keeping your drivers license either.
Note to John: Are you sure about that? My brother got his first DUI in AZ, then he got another DUI in California a year later and they charged it as a felony DUI due to the prior DUI in AZ. He did some county time on that one. Of course, this was 20 years ago. Oh good lord, now I feel old.
Whitefang started out well, but then blew it. A conviction in any other state of an offense which would be a DUI in California counts as a DUI in California. (Veh C sec 23521.) A prior conviction may be alleged if it occurred within 10 years. However, a second DUI in 10 years cannot be charged as a felony. It is a misdemeanor (it is only the FOURTH DUI which can be charged as a felony). However, the maximum sentence goes from 6 months to one year, and there are minimum jail requirements (nowhere near 6 months), substantial fines, and license suspension as well.
ADD: I am very sure about this. See Veh C section 23550. It also can be charged as a felony if the prior DUI was itself a felony, or there is a prior vehicular manslaughter within 10 years. (Veh C 23550.5.) I do not know of ANY DUI not involving injury to another that could have been punished as a felony 20 years ago. Multiple DUIs as felonies were not provided for until 1998.
generally, it will be counted and 2nd offence
but law as actually practiced is clear as mud – it always comes down to what a lawyer can negotiate with the DA – such as down to a first offence. dont lie about the other offence, but dont volunteer it either. it is very unlikely they will neglect to bring it up
your sister needs to do 2 things immediatly
1) Research the best lawyer she can afford, then obey the terms of what she gets negotiated to the letter
2) figure out how to get her alcohol use under control. Doesnt have to be 12 step, doesnt even have to be total abstinence (unless the terms of her agreement require it during her probation, then obey whatever it says). But whatever it is, it's got to work 100% to get this under control NOW, not after another dui – there cant be another one – ever
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