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

StateOUI/DUILevel of Impairment
ALDrive/Physical ControlAlcohol: under the influence / Drugs: can’t operate a vehicle safely
AZDrive/Physical Control Slightest degree
CODriveImpaired to the slightest degree
CTDriveAffected to an appreciable degree
DEDriveUnder the Influence
FLDrive/Physical ControlImpaired
GADrive/Physical ControlLess safe for a person to drive
HIOperate/Physical ControlImpaired
IDDrive/Physical ControlUnder the Influence
ILDrive/Physical ControlIncapable of driving safely
KSOperate/AttemptIncapable of driving safely
LAOperateUnder the Influence
MAOperateUnder the Influence
MIOperateUnder the Influence
MNDrive/Physical ControlUnder the Influence
MOOperateIntoxicated/drugged condition.
MTPhysical ControlUnder the Influence
NEPhysical ControlUnder the Influence
NHDrive/AttemptUnder the Influence
NJOperate/Allow another to operateUnder the Influence
NMDriveUnder the Influence
NYOperateIntoxicated condition
OHOperate (Car, Streetcar, Trackless Trolley)Under the Influence
OKPhysical ControlUnder the Influence
ORPhysical ControlUnder the Influence
PADrive, Operate, Physical Control of MovementIncapable of driving safely
RIOperateUnder the influence
SCOperateMaterially/appreciably impaired
SDPhysical ControlUnder the influence
TNPhysical ControlImpaired ability
UTPhysical ControlImpaired ability
VAOperateUnder the influence
VTPhysical ControlUnder the influence
WADriveUnder the influence
WIOperateIncapable of driving safely
WVUnder the influence
WYPhysical ControlIncapable of driving safely

For more information on DUI Court process contact our office.