Why an Out of State DUI Still Matters
A trip to Nevada or Oregon can end with a DUI arrest far from home. An out of state DUI case runs under the other state’s law and court. Yet the result can still reach the California license.
California law treats many out of state convictions like California ones. So a driver should plan for both places from the start.
The Case Stays in the Other State
The arrest state handles the criminal case. Its court sets dates, and its law defines the charge and the penalties. A California lawyer usually cannot appear there, so the driver often needs counsel licensed in that state.
Missing a hearing there can cause a warrant. Also, travel back for court can take planning. The article on travel during DUI probation covers related travel questions.
How a Conviction Can Count in California
Vehicle Code section 23626 says a conviction in another state that would be a 23152 or 23153 violation here counts as a conviction of those sections for Vehicle Code purposes. The same rule covers the District of Columbia, Puerto Rico and Canada.
That rule can affect DMV action in California. It can also count as a prior in a later California case. The guide on out of state prior convictions explains that second effect.
The Arrest State’s License Action
The other state may suspend the privilege to drive there. That action affects driving in that state. However, California may act separately once it receives a record of a conviction.
So a driver may face two license decisions on different timelines. Write down every notice from each state, and keep copies of the court papers from the arrest state as well. Those papers help a California lawyer see how the other state described the offense, which can matter for how it counts here.
A Hypothetical Example
Hypothetical example, invented for illustration: a Sacramento resident is arrested after a weekend in Reno. The Nevada court sets a hearing six weeks out. She hires local counsel there and asks a California lawyer how a conviction might show on her California record.
Out of State DUI and California Programs
A court in the other state may order classes or treatment. Some drivers ask whether a California program can satisfy that order. The answer depends on the other court, so ask before enrolling.
The article on DUI school transfer questions covers program transfers more generally.
First Steps After an Out of State DUI
First, read every paper from the arrest and note each deadline. Next, find out whether the other state offers an administrative hearing like the DMV process in California. Then speak with a lawyer in that state and keep a California lawyer informed about how an out of state DUI result may reach the California record.