I. Out of State DUI Convictions
Occasionally, we get a potential new client with a unique situation: They are facing their first DUI charge in California, however, they have prior DUI(s) in other state(s). In these cases, potential new clients ask if prior out of state DUI convictions can be used against them to increase the punishment for their current California DUI case? While every case is different based on a number of factors, the general answer to this question is yes, out of state DUI convictions CAN be used against you to increase the punishment for your current California DUI case.
II. When Do Out of State DUI Convictions Count?
In California, if you have a DUI conviction within the last 10 years of your second DUI, it would trigger an increase in punishment for your second DUI. California convictions that can increase your punishment in subsequent DUI convictions are a “wet reckless,” prior DUI conviction, and DUI causing bodily injury. If your out of state DUI conviction includes any of the aforementioned DUI convictions that would trigger an increased punishment in California, then those convictions may be used against you even if those convictions weren’t in California.
If you were convicted of a DUI outside of California and you’re currently facing a DUI in California, it’s imperative that you hire an experienced criminal defense attorney to help you with your case. Be sure to disclose this important information during your consultation because the information will be helpful when your attorney strategizes your case. The Law Offices of Mark A. Gallagher has over 20 years experience successfully handling DUI cases. If you need help with any criminal matter, please call our offices at 800-797-8406 or visit our website at https://www.socaldefenselawyers.com for more information.