Many people are worried what difference it makes if the get convicted of Driving under the Influence of alcohol (DUI) and they are charged in a different state. There are a number of issues and potential concerns that arise from such a situation. The penal code in several every state defines the potential sentences for anyone that has been convicted of driving under the influence and it also outlines what happens whether the person is on their first, second or third DUI. If you find yourself in such circumstances, you will need to hire a competent out of state DUI attorney especially when you remember that a second DUI includes a mandatory jail term.
An important question arises about what happens when you get charged with a second conviction in a different state and especially whether the second state can charge it a second DUI or a first one. This is a very important concern that an out of state DUI attorney will help you deal with and a good representation will make a huge difference in the length of probation in addition to the mandatory jail term. The bottom line is if you are charged driving under the influence in a different state when you already have another conviction in your state, the other state has the freedom to deal with the case as they see appropriate; this informs the importance of hiring an expert out of state DWI attorney.
Whether the new state choose to take into account the previous DUI or they ignore it will be determined by your representation; however, there are chances that the other state may not know that the previous DUI conviction actually exists and there are a few reasons. First is the fact that every state is usually overloaded with DUI cases and, as a result, they may not have the time to review the potential criminal history of every other state for lack of the time and the resources. They almost always only conduct a criminal background check in that particular state and base their charges on that.
One other reason you need an out of state DUI attorney is the fact there is different standards and procedures regarding DUI convictions in every state. The percentage of blood alcohol level is also different in every state and, as a result, whereas you may be convicted in one state for driving under the influence, which may not be the case in another state. Similarly, a prior driving under the influence conviction in a state like California may not necessarily be considered when you get convicted in a different state. However, in cases where there is a potential jail term, or otherwise, it could easily be considered a first-time offense. This underlines the importance of having an out of state DWI attorney who will be able to represent your interests and speak to the prosecutors in a different state and try to argue why your first DUI should not be considered.
This article is penned by Lora Davis for Miley Law NV!