Is a conviction of DUI in another state grounds for prior conviction?

I am charged now with DUI but in a different state. I got charged before in another state.

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Answered By: Salladay Law Office

Call now: (208) 333-9600

Yes a conviction in another state counts against you here.

Answer Applies to: Idaho - Replied: 7/18/2012

Answered By: Edward D. Dowling IV Attorney at Law

Call now: (631) 509-0662

Generally it would depend on whether the DUI in the other state would also be a DUI in NY. I would need all the details to answer better.

Answer Applies to: New York - Replied: 6/29/2012

Answered By: Darrell B. Reynolds, P.C.

Call now: (404) 636-6616

If there is a conviction of a charge in another state that is prior conviction.

Answer Applies to: Georgia - Replied: 6/28/2012

Answered By: Jacob P. Sartz IV., Attorney at Law

Call now: (517) 410-5127

Yes, it can be. You may be charged with an enhanced offense because of your prior history in another state. I'd recommend you retain an experienced criminal defense attorney to represent you with this matter. If you cannot afford an attorney, the court may appoint you an attorney at the public's expense. You are presumed innocent until proven guilty beyond a reasonable doubt.

Answer Applies to: Michigan - Replied: 6/28/2012

Answered By: Craig W. Elhart, P.C.

Call now: (231) 946-2420

Typically, most states will count the DUI conviction from another state if the sentencing guidelines ask if there were other convictions.

Answer Applies to: Michigan - Replied: 6/28/2012

Answered By: Thomas J. Tomko Attorney At law

Call now: (586) 795-8822

In Michigan, a DUI in another state will be considered a prior if the other state's law is substantially similar to the one in Michigan and/or there is comity between the states You can discuss this and review it with your attorney.

Answer Applies to: Michigan - Replied: 6/28/2012

Answered By: Aaron Black Law

Call now: (480) 729-1683

Yes, depending on how the state statute is written regarding out of state priors.

Answer Applies to: Arizona - Replied: 6/28/2012

Answered By: Reeves Law Firm, P.C.

Call now: (972) 596-4000

If the charge in the other state resulted in a final conviction, yes.

Answer Applies to: Texas - Replied: 6/28/2012

Answered By: Law office of Robert D. Scott

Call now: (301) 864-8611

Your conviction in a previous state cannot be used to support your conviction in the new case, However, it may be used to enhance your penalty as a second time offender upon conviction. Additionally, prior criminal convictions may be relevant if you testify and at sentencing.

Answer Applies to: Maryland - Replied: 6/28/2012

Answered By: Gregory Casale Attorney at Law

Call now: (508) 752-7500

Yes it is. Both the court and the RMV look at all OUIs, not just Massachusetts cases.

Answer Applies to: Massachusetts - Replied: 6/28/2012

Answered By: Leonard A. Kaanta, P.C.

Call now: (906) 346-4900

Yes, it willcount against you.

Answer Applies to: Michigan - Replied: 6/28/2012

Answered By: Law Offices of Mark L. Smith

Call now: (401) 272-1432

If the authorities know about another conviction elsewhere that conviction will make your present accusation a second offense. In some states there is a 5 year look back, that is if your prior conviction was greater than 5 years it does not count.

Answer Applies to: Rhode Island - Replied: 6/28/2012

Answered By: Law Office of James A Schoenberger

Call now: (253) 444-3111

If the prior was within seven years than yes, it can be used as a prior.

Answer Applies to: Washington - Replied: 6/27/2012

Answered By: Michael E. Jones, P.S.

Call now: (425) 259-4510

Yes Dui's count wherever received.

Answer Applies to: Washington - Replied: 6/27/2012

Answered By: Law Office of Richard Southard

Call now: (212) 385-8600

If all the elements of the other states DWI law meet all of the elements of our law then yes it can count as a predicate for a felony charge. Your lawyer should be researching this immediately.

Answer Applies to: New York - Replied: 6/27/2012

Answered By: Law Offices of John Carney

Call now: (917) 696-2363

If the states have a reciprocal contract the conviction in the other state counts as a predicate conviction. Your license will be suspended in both states. On a second conviction you are facing a jail term and your insurance will probably be $10,000 a year. It would have been safer, cheaper, and smarter to just call a taxi.

Answer Applies to: New York - Replied: 6/27/2012

Answered By: Timothy J. Thill P.C.

Call now: (708) 443-1200

Yes, you will probably be considered a second time offender, unless the first charge was dismissed before or after a trial, and you were not given supervision.

Answer Applies to: Illinois - Replied: 6/27/2012

Answered By: Law Office of Richard Williams

Call now: (251) 272-3765

In some states out of state convictions are not allowed for purposes of enhancement. However, the Court may consider your driving record and may provide for a greater penalty even on a first offense if you have a history.

Answer Applies to: Alabama - Replied: 6/27/2012

Answered By: Law Office of Jeff Yeh

Call now: (213) 446-2495

Yes it is, provided that the prosecutor knows about the out-of-state prior.

Answer Applies to: California - Replied: 6/27/2012

Answered By: R. Jason de Groot, P.A

Call now: (386) 337-8239

Your question makes no sense at all. It is a prior conviction. Are you a for real person? Do you have a real question about a real life situation? If so, please rephrase your question and try to make better sense.

Answer Applies to: Florida - Replied: 6/27/2012

Answered By: Law Offices of Sharp and Driver

Call now: (713) 868-6100

Yes. A DWI in another state counts as a prior conviction. Sometimes the District Attorney's office finds out about your out-of-state priors, and sometimes they do not, but if they do they can use them to enhance your current charges.

Answer Applies to: Texas - Replied: 6/27/2012

Answered By: Larry K. Dunn & Associates

Call now: (775) 322-5656

A conviction from another state for a dui or "the same or similar offense" within the previous 7 years may be used to enhance a conviction in Nevada to a second offense dui.

Answer Applies to: Nevada - Replied: 6/27/2012

Answered By: Michael Breczinski

Call now: (810) 743-2960

Yes they count all prior convictions whether it is in this State or another.

Answer Applies to: Michigan - Replied: 6/27/2012

Answered By: The Law Firm of Aaron Bortel Esq.

Call now: (415) 247-0700

It can be. It depends on the elements of the offense in the other state, and whether or not they are equivalent to California's. The question is usually does the prior conviction require driving, as California requires, or operating the vehicle, a much broader term.

Answer Applies to: California - Replied: 6/27/2012

Answered By: Law Office of Phillip Weiser

Call now: (316) 260-7070

Yes, that can be the basis for a prior conviction.

Answer Applies to: Kansas - Replied: 6/27/2012

Answered By: Steven Alpers

Call now: (510) 792-5110

Yes. Sometimes you are lucky and the da or \dmv will not find out, but if they do the higher penalties will apply.

Answer Applies to: California - Replied: 6/27/2012

Answered By: Law Office of Peter F. Goldscheider

Call now: (650) 323-8296

Yes, if the conviction occurred before you Ca case.

Answer Applies to: California - Replied: 6/27/2012

Answered By: Lawrence Lewis

Call now: (678) 407-9300

DUI is DUI irrespective of where you procure the conviction.

Answer Applies to: Georgia - Replied: 6/27/2012

Answered By: Law Offices of George Woodworth & Associates

Call now: (562) 754-7422

Only if you were convicted in another state, and the Calif. DA can prove to the Court that the other states law and procedures were similar enough to Calif. that you would have been convicted of DUI here. Have a good Attorney check this out and advise you.

Answer Applies to: California - Replied: 6/27/2012

Answered By: William L. Welch, III Attorney

Call now: (410) 385-5630

It may be the basis for enhanced penalties.

Answer Applies to: Maryland - Replied: 6/27/2012

Answered By: Bernstein & Bernstein, LLC

Call now: (803) 799-7900

Potentially, yes. It will depend on the laws of the state in which you are currently charged.

Answer Applies to: South Carolina - Replied: 6/27/2012

Answered By: Nelson & Lawless

Call now: (714) 960-7584

Conviction in any state counts as a prior in all states. Welcome to the modern computer records world.

Answer Applies to: California - Replied: 6/27/2012

Answered By: Clos, Russell & Wirth, P.C.

Call now: (734) 326-2101

Yes. A conviction in any other state of an offense similar to a drunk driving offense under Michigan law is sufficient to be considered a prior conviction for enhanced charges here in Michigan.

Answer Applies to: Michigan - Replied: 6/27/2012

Answered By: Law office of Michael Morgan, l.L.C.

Call now: (206) 447-1303

If the elements of the crime are the same, then the prior out of state conviction counts.

Answer Applies to: Washington - Replied: 6/27/2012

Answered By: Attorney at Law

Call now: (760) 863-3840

It depends on if the charges there are congruent with the definition of drunk driving here, a complex legal issue only a knowledgeable DUI lawyer can properly deal with.

Answer Applies to: California - Replied: 6/27/2012

Answered By: John Segelbaum, P.S.

Call now: (425) 775-5551

Yes it is a prior.

Answer Applies to: Washington - Replied: 6/27/2012

Answered By: Law Office of Ismail Mohammed

Call now: (978) 703-0702

The answer is yes if the state you were previously convicted in has reciprocity with Massachusetts. Because of Melanie's Law which was enacted some years back, the Registry of Motor Vehicle can look into out of state convictions for as long as you've been driving.

Answer Applies to: Massachusetts - Replied: 6/27/2012

Answered By: Law Office of Neal L. Weinstein

Call now: (207) 934-2173

Yes, it can be used as a prior conviction, but if you have hired a good attorney, it is a point of negotiation with the DA.

Answer Applies to: Maine - Replied: 6/27/2012

Answered By: Gary Moore, Attorney at Law

Call now: (201) 342-7933

It could be the basis of the penalty being increased if the dui is treated as a second offense.

Answer Applies to: New Jersey - Replied: 6/27/2012

Answered By: Law Office of Michael Bialys THE DUI MAN

Call now: (888) 384-1489

Out of state DUI's within the last 10 years are still considered as priors.

Answer Applies to: California - Replied: 6/27/2012

Answered By: Charles M. Schiff, Attorney at Law

Call now: (320) 259-0699

Yes, if the state of the offense afforded you the right to a trial and the right to be represented.

Answer Applies to: Minnesota - Replied: 6/27/2012

Answered By: Law Office of Charles J. Block

Call now: (856) 753-1893

It all depends on which other state as many states are part of a compact giving each other reciprocity (meaning whatever happened in one state will be treated as if it happened in the other state)

Answer Applies to: New Jersey - Replied: 6/27/2012

Answered By: LeadfootSpeedingTicket.com

Call now: (314) 724-5059

Yes. DUI and other traffic violations that occur in other states are reported to your home state of Missouri and will be treated as if you received them here.

Answer Applies to: Missouri - Replied: 6/27/2012

Answered By: The Law Offices of Harold L. Wallin

Call now: (312) 346-7730

DUIs in other states will count as prior DUIs in Illinois.

Answer Applies to: Illinois - Replied: 6/27/2012

Answered By: The Law Offices of Jaime Cowan

Call now: (720) 295-5232

Yes it could count against you.

Answer Applies to: Colorado - Replied: 6/27/2012

Answered By: Braunstein Law, PC

Call now: (503) 505-0411

Generally speaking, a prior conviction for DUI in another state is considered a prior conviction for sentencing purposes in your current jurisdiction.

Answer Applies to: Oregon - Replied: 6/27/2012

Answered By: Miller & Harrison, LLC

Call now: (303) 449-2830

Yes, prior offenses in any state count as a prior offense, assuming the law is generally similar to the state you are in now.

Answer Applies to: Colorado - Replied: 6/27/2012

Answered By: Anderson & Carnahan

Call now: (719) 285-4698

A conviction for dui in another state will count as a prior for a dui in colorado. You should discuss your options with a local attorney.

Answer Applies to: Colorado - Replied: 6/27/2012

Answered By: Ellman and Ellman PC

Call now: (303) 814-2600

In short, yes. If the current State prosecuting you finds out about the prior from the other state, they will certainly use it to aggravate your case.

Answer Applies to: Colorado - Replied: 6/27/2012

Answered By: James M. Osak, P.C.

Call now: (248) 515-9807

Generally yes. States like to share criminal information with each other. You better believe that Michigan knows of your prior conviction. They do make mistakes however and if it was say 20 years ago, they might lose it. But generally, yes. Count on Michigan using it against you for sentencing. Hire an attorney to try to defeat the current charges and/or fight the prosecutor's case. They still have to prove that you were drunk and driving.

Answer Applies to: Michigan - Replied: 6/27/2012

Answered By: Law Office of Brendan M. Kelly

Call now: (402) 455-1711

The out of state conviction can result in your being charged as a second or subsequent offense.

Answer Applies to: Nebraska - Replied: 6/27/2012

Answered By: Beaulier Law Office

Call now: (612) 240-8005

Under Minnesota law, a conviction in another state with a similar judicial system may be used to enhance a subsequent DWI charge as a prior offense.

Answer Applies to: Minnesota - Replied: 6/27/2012

Answered By: John P Yetter

Call now: (630) 743-6169

Yes, a prior in another state still counts.

Answer Applies to: Illinois - Replied: 6/27/2012

Answered By: Arneson and Geffen

Call now: (612) 465-8581

Honestly it depends on whether the other states law are in conformity with the state that you are now charged in. For instance, Minnesota has a right to counsel before making a decision on testing. If a person has a prior conviction from another state that does not have that right, a Minnesota attorney will argue that the prior conviction can not be used to enhance the criminal charge in Minnesota.

Answer Applies to: Minnesota - Replied: 6/27/2012

Answered By: Germaine & Blaszka, P.A.

Call now: (603) 434-4125

In NH, a prior out of state conviction can be used to prosecute you for a DWI, subsequent offense. You should consult and retain an experienced NH DUI/DWI attorney to represent you in your case.

Answer Applies to: New Hampshire - Replied: 6/27/2012

Answered By: Law Office of Russell A. Warren

Call now: (314) 910-1181

Yes - All prior "contacts" are used against you in counting priors for Alcohol purposes.

Answer Applies to: Missouri - Replied: 6/27/2012

Answered By: Musilli Brennan Associates PLLC

Call now: (586) 778-0900

Most probably, many states have reciprocation agreements where they report to the home state out-of-state infractions.

Answer Applies to: Michigan - Replied: 6/27/2012

Answered By: Mark Thiessen, Attorney at Law

Call now: (713) 428-2322

Yes, If it is the same or similar to a conviction in the State of Texas. Hire a good DWI attorney who will look at that state's laws.

Answer Applies to: Texas - Replied: 6/27/2012

Disclaimer: The responses above do not form an attorney-client relationship. These answers may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. These attorneys may or may not be admitted to state bar of your state.

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