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Second DUI, But in a different state. What happens?

dui lawyer los angelesA DUI can hamper a lot of things, including your finances and fun.  If you’ve already been charged with your first DUI, you know how the expenses and restrictions can negatively impact your life.  That said, a second DUI can come with even more severe repercussions that could make you wish you were only enduring the penalties that were associated with your first DUI.

Second DUIs are even more complicated if you’ve received the first DUI in a different state than California.  States’ DUI laws can vary greatly.  This means if you’ve received your second DUI in the state of California, but your first offense was in another state, your situation may become more complicated than if both offenses had taken place in the Golden State.

Are All States’ DUI Laws Created Equal?

The very short answer to this question is, “Absolutely not.”  Each state governs its own DUI decisions a bit differently, which can mean a lot if you’ve incurred DUI charges in two different states.  Generally speaking, the key lies in whether or not the state in which you received your first DUI is part of the Interstate Driver’s License Compact.

What is the Interstate Driver’s License Compact?

The Driver’s License Compact is an agreement between most states in the U.S., which allows for driving-related information to be exchanged from state to state.  If you incurred your first DUI in a state that is a member of the Driver’s License Compact, this information will more than likely be used against you in a court of law or with the DMV.

On the other hand, if your first DUI occurred in a state that is not a member of the Interstate Driver’s License Compact, your prior conviction may or may not impact your current situation.

How Does My Prior Conviction Affect My Current Proceedings?

A number of factors will be attributable to the final outcome of your case, but one of the major considerations will lie in which state gave you your initial conviction.  If your conviction occurred in another state, particularly if it occurred in a state that is not a part of the Interstate Driver’s License Compact, it’s possible that the court or DMV will overlook (or remain unaware) of your initial conviction.

It is important to be aware, however, that any DUI conviction is a matter of public record.  If you were convicted of a DUI in a Compact-member state, you should prepare for this evidence to be presented in a court of law.  An experienced attorney that specializes in DUI law can usually find a way to attack and eliminate any prior from out of state on technical grounds.

How Do Prior Convictions Affect the Outcome of My Case?

The district attorney must allege that you have a prior conviction and obtain the certified records necessary to stand by this allegation.  Prior convictions can enhance penalties significantly.

If you’ve been charged with a DUI, it is important to seek the assistance of an experienced attorney who specializes in DUI cases as soon as possible.  If this is your second DUI offense, it is absolutely imperative that you disclose the details surrounding your first DUI to your lawyer so he or she can be prepared to defend you in a court of law or at the DMV.

Los Angeles DUI lawyer Jon Artz understands how complicated the laws can be when you’ve been charged with DUIs in two different states.  Contact Jon Artz today to learn more about the ways each states’ laws may impact your current case.

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