Articles Posted in Out of State Charges

Does it make a difference if you have been convicted of a DUI in California and are then subsequently charged with a DUI in another state? There are several issues and potential concerns regarding this situation.

In California, the California Penal Code defines potential sentences for a person who has been charged and convicted of drinking under the influence. It further outlines what the consequences are if it is your first DUI, your second, or more. As the number of convictions increase, the sentence does as well. For example, a second DUI will include mandatory jail time.

So what happens if the second conviction is in a different state. Does the second state have to charge it as a second DUI , or a first DUI? This is obviously a very important concern because it make a big difference in the length of probation, as well as mandatory jail time.

What happens if you are a Los Angeles resident and are out of town when you get arrested and charged with drinking under the influence? Does the case transfer to Los Angeles? What about your license? Is it suspended in Los Angeles, or in the state where you are arrested?

There are all excellent questions and are of importance for any California resident that travels a lot. Driving under the influence laws are specific to each state. California defines its own requirements and standards for a DUI, as well as potential consequences under the California Penal Code. The California Penal Code is specific to arrests arising out of California incidents and does not apply to its residents when they are traveling.

Let’s consider an example. Dora is a salesperson and travels a lot for her job. As a part of her job, she has to entertain clients with dinner and shows. Dora is a resident of Los Angeles but is traveling to Chicago for work. She takes some clients out to dinner and as she is driving back to her hotel, she is stopped by officers for potentially being under the influence. She is arrested and charged with suspicion of driving under the influence.