If you’ve been arrested for driving under the influence (DUI) in California, you might assume that a previous DUI from another state won’t matter. However, California takes prior offenses seriously—even if they occurred in a different state. Depending on the circumstances, an out-of-state DUI can lead to harsher penalties, longer license suspensions, and increased legal consequences.
Here’s what you need to know if you have a DUI conviction from another state and are now facing charges in California. Contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
Will California Recognize an Out-of-State DUI?
Yes. California participates in the Interstate Driver License Compact (IDLC), an agreement between most U.S. states to share information about DUI convictions and other serious traffic violations. If you have a prior DUI from another state, California authorities will likely be notified, and it could affect your current case.
How California Treats Out-of-State DUIs
Under California Vehicle Code 23626, an out-of-state DUI conviction will count as a prior offense if the law in that state is substantially similar to California’s DUI laws.
- If the legal definition of DUI in the other state closely matches California law, the conviction will be treated as a prior offense.
- If the laws differ significantly, your attorney may be able to argue that the prior conviction should not count.
How a Prior Out-of-State DUI Can Increase Penalties
California has a progressive DUI penalty system, meaning that punishments get more severe with each conviction within a 10-year period. If your out-of-state DUI is recognized as a prior offense, your new California DUI will come with harsher penalties than if it were a first offense.
Penalties for Multiple DUIs in California
If your out-of-state DUI is counted as a prior, your California DUI may be treated as a second, third, or even fourth offense, leading to:
- Second DUI (within 10 years)
- 96 hours to 1 year in jail
- Up to $2,000 in fines
- Two-year license suspension
- Mandatory DUI education program (18-30 months)
- Third DUI (within 10 years)
- 120 days to 1 year in jail
- Up to $3,000 in fines
- Three-year license suspension
- Mandatory DUI education program
- Fourth DUI (within 10 years) – Considered a felony
- 16 months to 3 years in state prison
- Up to $10,000 in fines
- Permanent driver’s license revocation
- Felony record
Additionally, multiple DUI offenses can result in the installation of an ignition interlock device (IID), mandatory alcohol treatment programs, and difficulty securing employment or housing due to a criminal record.
Defending Against a Prior DUI Being Used Against You
A skilled criminal defense attorney can challenge whether your out-of-state DUI should count as a prior offense. Potential defense strategies include:
1. Arguing That the DUI Laws Are Not “Substantially Similar”
If the previous state’s DUI laws differ significantly from California’s, the court may not count the conviction. For example, if the other state had a lower BAC threshold or allowed DUI convictions based on weaker evidence, your attorney can argue that the prior conviction should not enhance your penalties.
2. Challenging the Legitimacy of the Prior Conviction
If there were procedural errors, lack of legal representation, or issues with the evidence in your previous case, your attorney may argue that it should not count as a prior offense in California.
3. Negotiating for a Lesser Charge
If a prior DUI cannot be dismissed, your attorney may negotiate with the prosecution for a reduced charge—such as wet reckless—to minimize the penalties associated with a repeat offense.
What Should You Do If You Have an Out-of-State DUI?
If you are facing a DUI charge in California and have a prior DUI from another state, it’s critical to seek legal representation. A conviction could lead to increased jail time, fines, and a lengthy license suspension, but an experienced defense attorney can help fight for the best possible outcome.
At Law Office of Michael L. Fell, we understand how out-of-state DUI convictions can impact your case and will work tirelessly to protect your rights. Call (949) 585-9055 today for a free consultation to discuss your legal options and start building your defense.