Out Of State DUIS Attorney In Los Angeles

How an Out-of-State Prior DUI Affects a DUI in California

An out-of-state, prior DUI counts in California if the other state’s DUI law is substantially similar to California’s DUI law. Generally speaking, this means that the other state law has a driving component, as opposed to an operating component, and that the level of intoxication for the count is “mental or physical abilities are SO IMPAIRED” as to be not within the range of ordinary.

Attacking an Out of State Prior DUI in CA

When the client is charged with an Out-of-State Prior, the remedy is to either file a Demurrer at the Arraignment, file a Motion to Strike the Prior during the Pendency of the case or attack the Prior in a bifurcated trial. If you have an out of state prior that is impacting your current California DUI case, contact my office to discuss your case more fully.

DUI, OUI and DWI Levels for Other States

State	OUI/DUI	Level of Impairment
AL	Drive/Physical Control	Alcohol: under the influence / Drugs: can’t operate a vehicle safely
AK	–	–
AZ	Drive/Physical Control	Slightest degree
CO	Drive	Impaired to the slightest degree
CT	Drive	Affected to an appreciable degree
DE	Drive	Under the Influence
FL	Drive/Physical Control	Impaired
GA	Drive/Physical Control	Less safe for a person to drive
HI	Operate/Physical Control	Impaired
IA	Operate	Intoxicated
ID	Drive/Physical Control	Under the Influence
IL	Drive/Physical Control	Incapable of driving safely
IN	Operate	Intoxicated
KS	Operate/Attempt	Incapable of driving safely
KY	Operate	Impaired
LA	Operate	Under the Influence
MA	Operate	Under the Influence
MI	Operate	Under the Influence
MN	Drive/Physical Control	Under the Influence
MO	Operate	Intoxicated/drugged condition.
MS	Operate	Impaired
MT	Physical Control	Under the Influence
NE	Physical Control	Under the Influence
NH	Drive/Attempt	Under the Influence
NJ	Operate/Allow another to operate	Under the Influence
NM	Drive	Under the Influence
NY	Operate	Intoxicated condition
OH	Operate (Car, Streetcar, Trackless Trolley)	Under the Influence
OK	Physical Control	Under the Influence
OR	Physical Control	Under the Influence
PA	Drive, Operate, Physical Control of Movement	Incapable of driving safely
RI	Operate	Under the influence
SC	Operate	Materially/appreciably impaired
SD	Physical Control	Under the influence
TN	Physical Control	Impaired ability
TX	Operate	Intoxicated
UT	Physical Control	Impaired ability
VA	Operate	Under the influence
VT	Physical Control	Under the influence
WA	Drive	Under the influence
WI	Operate	Incapable of driving safely
WV	–	Under the influence
WY	Physical Control	Incapable of driving safely

For more information on DUI Court process contact our office.