DWI Lawyers

Claim Your Profile
Free DUI Case Evaluation

My friend had 2 DUI's in the state of Wisconsin. Just recently she was arrest in california. Would that be her 3rd DUI, or is it only her 1st since its the first one in the state of California?

Also, Does the court system go by the arrest/filing date or the date of conviction?

Best Answer :

It depends. The convictions can be used as prior convictions in California despite being from out of state, but only if the conviction was for conduct which would be an offense in California, Many states prohibit just being behind the wheel while intoxicated, or being in a running vehicle. California DUI law requires that the car be moving. So if that is not a requirement in WI, the two convictions may not be priors.

California law goes by the date the offense was committed, not the date of conviction, and that actually does not have to be before the commission of the current offense. (In other words, DUI on 2/2, conviction on 2/15; a DUI on 1/1, but conviction on 3/1, is a SECOND DUI, even though committed before.)

Other Answer(4) :

Forty-eight states belong either to an agreement called the "Driver's License Compact" or the "Non-Resident Violator Compact." When you get a ticket in one of these states, the department of motor vehicles will relay the information to your state — and the violation will affect your driving record as if the ticket had been given at home.

Now, the possible good news for your friend??? The two states are Michigan and Wisconsin.

But, if your friend has THREE DUIs, then this is someone that's not responsible enough to be out on the road, and should have her license revoked.. Instead of worrying about legal penalties, she should be worried about the potential to KILL someone.

Yes, that would be the 3rd. Unless California is even more screwed up than I though… which is entirely possible.

Arrest and filing do not mean you have a DWI on your record, the conviction does. For time statutes (3 in 10 years or similar) it is conviction date.

Most states, including California, will count the two prior out-of-state DUI arrests as convictions towards enhanced mandatory minimum sentencing if they 1) know about them, and 2) can prove that they exist or your friend admits that they exist.

Wisconsin is probably the state least likely to share information with other stated based on my experience.

Most States count out of state DUI charges as prior offenses.

You can check the California DUI Laws at www.dui-news.info The site has the DUI laws for every State in the U.S. and other helpful DUI information

Comments are closed.