Let’s say a person has a driver’s license from another state,
moves to California for a period of time, and must obtain a California
license. If the driving under the influence conviction comes from another
state, it can still count as a prior conviction in California. This is
provided that their statute for driving under the influence covers the
same elements of our statute. Most of the time, the statues line up well.
So, from a court’s perspective, the courts can certainly take a DUI
from another state into consideration in our state. Of course, we only
consider them from mandatory, multiple offender sentencing purposes. In
this case, we only consider it if it has occurred within the last 10 years.
If a person goes into another state, commits a DUI, and then returns back
to California, the same would be true. Thusly, an out of state conviction
can certainly still apply to a person’s California record and driving history.
Furthermore, we have something called the interstate compact. The interstate
compact says that our Department of Motor Vehicle will communicate with
the rest of the nations’ Department of Motor Vehicles regarding
any out of state driver’s actions.
Thusly, in any DUI, there are two components. One deals with the person’s
driving privileges through a hearing that we do through the Department
of Motor Vehicles. Another is the DUI conviction, which is handled by
the criminal court. Either one or both yields a suspension of license.
If a person has that type of an out-of-state conviction or suspension from
another state’s Department of Motor Vehicles, that applies in California.
There are still a handful of states that are not part of the compact.
The majority of states are part of the compacts, however, and our DMVs
are supposed to stay in communication with each other and take into consideration
out of state convictions.
This is essential for the driver’s license issue. This deals with
the interstate compact.
Then, of course, there is the criminal courts. If they do see an out of
state conviction, they will do their best to obtain those records and
take them into consideration in the charging document in criminal courts.