Having to defend a DUI for the second time can be exhausting, especially if your case resulted in a license suspension and criminal consequences. Years later, you may believe the accusation has been dropped and that you have paid your societal obligation. However, if you find yourself in trouble with the police again, that previous DUI arrest might come back to haunt you — even if it occurred in another state.

Is it true that states share DUI charges?

California is a participant of the Driver License Compact (DLC), a 45-state agreement that allows them to share information on their drivers’ histories, such as traffic violations and criminal offenses. As a result of the DLC, a DUI conviction from another state might follow you to California and have an influence on your present case. Furthermore, if you have a past DUI from your home state and are arrested while in California for school, business, or vacation, you may be subject to extra penalties for an out-of-state DUI offense in San Diego.

The following states are not included in the DLC:

• Georgia
• Massachusetts
• Michigan
• Tennessee
• Wisconsin

However, not every DUI is immediately transferable from one state to another. In order for a DUI charge from another state to be transferred to California, the court must first determine if each state follows the same processes and criteria. In order for an out-of-state DUI to have an influence on your present case, it must meet the following criteria:

• Be enforced in California and the other state in the same way; follow the same criteria and rules for a conviction; and have the same legal definition.
• If the other state has distinct standards for testing and prosecution, a DUI in another state may have no bearing on your present case. Furthermore, the district attorney in your case is responsible for obtaining your out-of-state records. This information is only exchanged between DMVs, and it is not given to criminal defendants automatically. The prosecution will investigate your past charges to see whether they may be used to your current case.

The Consequences of Previous DUI Charges

DUI convictions are priorable, which means that every previous DUI conviction might justify an increase in the DUI penalty in your present case. A first offense may result in no prison time if you attend DUI school, but a second violation may result in up to a year in jail, thousands of dollars in penalties, and a two-year license suspension. In the end, the more DUI convictions you have on your record, the harsher the consequences will be.

If you have been charged with a DUI after having been convicted of this charge in another state, contact an experienced criminal defense attorney by calling Simmons Wagner, LLP at (949) 439-5857.