In today’s day and age, people move around a lot. It’s not
uncommon to move
out-of-state because of school, a sweetheart, a job offer you can’t refuse, or
simply the need for a change of scenery. Considering how often people
move, it’s not unusual for someone to get a DUI in one state, and
years later, get a
DUI in a different state. So, the question is, “Can an out-of-state
DUI count against you as a prior DUI offense?”
In reality, all but five states share information about DUIs with one another
thanks to the Driver License Compact. Under the Compact, DUIs are considered
“priorable” offenses, which means that for each subsequent
conviction, you face harsher penalties.
If you got a DUI in another state, will it count as a strike on your record
and will you face harsher penalties for your first California DUI as a
result? Can an Orange County DUI attorney file a motion to strike a prior
(the DUI in the other state) so it won’t be counted against you?
You May Have a Legal Argument
Essentially, if the out-of-state DUI would have been considered a DUI in
California, then the DUI is considered valid for the purpose of priorability.
You can’t just strike it because it occurred elsewhere. Let’s say the
DUI occurred in Oregon and it resulted in a conviction. If you were convicted,
the question whether it can be used as a prior in the California case
is a highly technical issue and requires expert analysis from a skilled
Can a motion to strike a prior be filed in this case? It is
possible; however, it comes down to whether it’s applicable in your case and how the
Oregon statute defines the offense. If the Oregon law defines the offense
more broadly than California’s law, you may be able to argue that
what you were convicted of in Oregon, would not be considered DUI in California.
Do you have a DUI in another state and now you’re facing DUI charges
in Orange County, California? Let an attorney from our firm do a statutory
comparison, and see if it’s possible to file a motion to strike
a prior. This is a highly technical question and can only be answered
accurately by a qualified lawyer, who has all of the information.
Contact the Law Offices of Virginia L. Landry, Inc. for a
free case evaluation. Board Certified in
DUI defense, Attorney Landry has the knowledge and skills to defend you!