How an Out of State Prior Can Count
People move, travel and drive in many states. An out of state prior DUI conviction can count in a new California case. The rule comes from a short section of the Vehicle Code.
That section focuses on what the earlier conduct would mean in California. So the label used by the other state does not end the question.
The Statute
Vehicle Code section 23626 covers convictions from any state, territory or possession, the District of Columbia, Puerto Rico and Canada. It treats such a conviction as a California conviction when the offense would violate section 23152 or 23153 here. The rule also covers certain vehicular manslaughter offenses.
Therefore, an out of state prior can raise the penalty level for a new California case.
What Must Match
The key question is whether the other state’s offense would violate California law if committed here. For example, some states have offenses with different elements or labels. A lawyer may compare the other state’s statute with California’s.
Records from the other court help with that comparison. Those include the complaint, plea form and judgment.
How an Out of State Prior Fits the Lookback
California repeat offense statutes use a 10 year window. Under Vehicle Code section 23540, a second offense rule applies when the new offense occurred within 10 years of a separate violation that ended in a conviction. So the date of the out of state offense matters.
The article on California DUI lookback rules explains date counting in more detail.
DMV Effects
The DMV also receives reports from other states. According to the DMV DUI page, the department takes action on DUI convictions, and its record can affect later license actions. So an out of state prior may appear on a California record.
The guide on out of state DUI cases explains how a California license holder deals with an arrest elsewhere.
Gathering Records
Request certified copies from the other court if possible. Also gather the other state’s driving record. Then share both with a California lawyer.
Old records can take weeks to arrive. So start early, especially when a new case is already pending.
An out of state prior can also affect program and interlock terms. Each of those may depend on the number of priors. Therefore, a clear record helps with every part of the case.
Also note that an out of state prior does not need the same name as a California offense. Instead, the comparison looks at the conduct and the elements. So a lawyer may ask for the other state’s charging papers to see exactly what the plea covered.