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How Would A Prior Out-Of-State DUI Adhere To Local Laws?

The best thing is always to avoid getting a DUI charge here. Different states have different rules; for example, in Arizona, we don’t allow expungement of a DUI conviction, but we do allow a conviction to be set aside. If someone is concerned about having a prior DUI conviction and will be moving to Arizona, they should talk to the attorney who represented them on the DUI case from the other state and see if it can be expunged or set aside.

If they are in Arizona and they get a DUI here, everyone follows Arizona law.  If they have a prior DUI conviction from another state, we will look at that to see if that coincides with Arizona law and can be used as a prior DUI conviction against them.  I have yet to see a situation in which someone had a prior DUI conviction from a different state that was expunged, but the prosecutors here in Arizona will try to use it nonetheless for a prior DUI conviction.

I have that situation, and it’s a fairly common situation, where someone is in California, they plead guilty to what they refer to as a “wet reckless,” which is a reckless driving that included alcohol. Now, the plea agreement for a wet reckless specifically says it’s a reckless driving conviction, but if you receive another DUI, it will count as a prior DUI conviction. However, if someone is convicted of a wet reckless in California and gets a DUI in Arizona, it doesn’t matter what’s in that plea agreement; Arizona doesn’t care whether a wet reckless can be used as a prior DUI conviction if they get a subsequent one; Arizona cares about Arizona law.

Arizona law has very specific requirements concerning prior DUI convictions, so this just happened a couple of weeks back where my client had one of these wet reckless convictions out of California, they alerted me that they planned to it as a prior DUI conviction in Arizona and they showed me the plea agreement, but I explained to the prosecutor that they cannot use a prior reckless driving as a prior DUI conviction.  I don’t care what the term in the plea agreement was for California and, ultimately, the prosecutor agreed that they could not use it regardless; it said, “reckless driving,” and reckless driving is not a prior DUI conviction in Arizona.

I wonder if another attorney had handled that case would even have realized that that was an issue or would they have just gone along with the prosecutor at that point, which would have meant dealing with a second-time offense. That’s why it’s so important to do your research on the attorneys and find one who really knows what they are doing.

What Happens If Someone Driving A Non-Commercial Company Car Gets An Out-of-state DUI?

If someone was arrested driving a non-commercial company vehicle, depending on their portable breath test results or breath test result was when they were arrested, the company vehicle may end up being impounded for 30 days, although if it is impounded, the company can pick it up early by signing an agreement saying that the person who was operating the vehicle will not do so for a year and that they won’t allow anyone who has been charged with or convicted of a DUI operate that vehicle for one year.

However, if the person is convicted of a DUI, there will usually be a requirement that an ignition interlock device be installed on any vehicle they operate.  Most companies won’t be okay with installing an ignition interlock device on a company vehicle, so some people are out of luck and will lose their job, meaning they will either have to find a new job or a new position in the company.  In every case, a person \ convicted of a DUI has to have an ignition interlock device; the only exception is someone who has been convicted of a drug DUI.

If the attorney knows what they are doing, they can prevent them from having to have an ignition interlock device on any vehicle they operate, although the downside is, by dealing with the case as a drug or medication DUI, the person will have to have their license revoked for one year with no ability to get any sort of restricted license.

For more information on Out-of-state DUI and Local Laws, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling 480-900-0384 today.

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AZ DUI Defense Lawyer Brian Douglas Sloan
  • 14+ Years SOLELY Focused on DUI Defense
  • Represented 2,900+ DUI Clients
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