Out of State DUIs

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