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September 2, 2017 | admin Effects of a Los Angeles DUI Conviction on an Out of State DUI Charge
Before we go into the details about this action, let us understand that being pulled over is not an action that will determine your detrimental activities. However, being pulled over simply means that the police officer suspected you for an offense you might not have committed if you were not under the influence of alcohol or the intoxication of drugs. The police are not the final people to have a say on your guilt to committing a DUI case even if you were drinking while driving. A DUI case is made final when the judge announces that the evidence put forward is sufficient enough to make you go to court.
Whenever a police officer sees irregular driving patterns in a driver, it prompts them to pull them over. In most cases, these patterns are exhibited by people who are drunk. The police also have a list of signs exhibited by drivers to indicate that there are high chances the police officer is driving while under the influence of drugs and alcohol. If the police see you swerving your car in a traffic highway, they will be prompted to pull you over because this is a criminal offense. If they also see you try to pass the red light that prompts drivers to stop, then this is a case that might attract a penalty in a court of law. The list is endless. The police understand when you are under the influence according to the evidence they present to the prosecutor.
When you are pulled over, the police will look at signs that you are drunk while driving. They will look at your speech and sluggard focus when in the car. The police will proceed to ask you to participate in the field sobriety test or the breathalyzer test to determine the level of alcohol in your blood. The tests will be sent over to the prosecutor’s office that will proceed with the allegations.
Does it make a difference to be convicted of a DUI charge in California and end up with another DUI conviction in another state out of California? There are several potential concerns and issues regarding this particular situation.
The California Penal Code defines potential sentences that can be imposed by someone who is found driving while under the influence in the California and another state. The law also states the possible sentences for those found with a DUI charge if it is your first time. The sentence also increases for subsequent charges. There is a mandatory jail term for a second DUI offense.
What will happen if your second conviction happens in a different state? Will the second state charge you for a DUI of the second degree or the first one? Because it makes the difference in the length of probation, it is a very big concern. Moreover, it also states for a mandatory jail term. If you are arrested for a DUI in another state other than California and have been convicted of the same offense in California, the state will deal with the case as they deem. Sometimes they won’t know the offense exists.
There are several reasons why they may not know the previous conviction exists.
1. Every stat has different cases that are overloading their systems. This means that they don’t have the time to locate your past record in another state. Moreover, they don’t have the time and resources to do that. They will base their charges on the criminal record you have in the state.
2. The code and statute section varies from one state to another. Let us take the example of someone driving under the influence under the California Penal Code Number 23152. The code section in Alabama will be different. Prosecutors will not know where to look for the code in the California laws.
3. Every state has different standards and procedures for conviction. For California, you will be intoxicated if your blood alcohol level is over 0,.08 percent. The percentage may also vary in another state. While you can be convicted in another state for the blood level of alcohol, another state may deem you free.
When it comes to a conviction in another state, a prior DUI is not considered. If it is, there is a possible jail term. Therefore, it is important to seek the representation of a Los Angeles DUI lawyer to represent your interests before the prosecutor.