Each state handles charges for driving under the influence (DUI) separately. However, leaving a state after being charged with a DUI does not necessarily mean you will escape prosecution. This is because sometimes states can extradite you for DUI charges.
The team at the Simmrin Law Group can help you review situations where you can be extradited by California for a DUI. Find out how you can handle out-of-state DUI charges with this article.Defining Extradition in California
You may face extradition if:
- You are accused of committing a crime in a different state AND
- That state’s court system files charges against you
Extradition can become a costly process. For this reason, most state court systems only pursue extradition proceedings in cases involving felony charges. However, court systems sometimes extradite individuals on misdemeanor charges.
Focusing on DUI Charges and Extradition
As we mentioned, states generally pursue extradition for felony charges only. Most DUI charges in the country are treated as misdemeanors. This means that you may not be extradited for DUI charges simply because it would be cost prohibitive for the state.
However, some DUI offenses in California are prosecuted as felonies. The court system can use felony DUI charges to prosecute you if:
- You committed at least four DUIs in 10 years
- You caused a DUI accident that resulted in serious injuries
- You caused a DUI accident that resulted in a death
In these situations, you could easily be extradited by the state to face charges.
Considering Other Repercussions for Out-of-State DUI Charges
You can face serious consequences even if you are not extradited to face prosecution for a DUI in California. For example, your license can still be suspended by the Department of Motor Vehicles (DMV). This suspension can be handed down automatically 30 days after your arrest.
The DMV in California is legally allowed to suspend your license for at least four months. This suspension does not apply only in California. The suspension will register if you are stopped by a law enforcement officer in your current state.
Your license in your home state may be suspended based on the decisions of the California DMV. This makes it very important that you take steps to handle a DUI accusation in California, even if you think you can avoid extradition.
Reviewing the Penalties for a California DUI
California prosecutes DUI charges very seriously. If you are facing basic misdemeanor charges for a DUI in the state, you could end up dealing with:
- Up to $2,000 in fines
- Up to six months in jail
- Up to one year of a license suspension
As we mentioned, felony DUI charges are more likely to lead to extradition. As an example, felony DUI charges for causing an accident that resulted in an injury can result in:
- Up to $5,000 in fines
- Up to four years in prison
- Up to fives years of a license revocation
Staying out of the state to avoid these penalties is generally not the best way to handle DUI accusations. You can face DUI charges head-on by working with a criminal defense lawyer in Los Angeles. Getting professional help can make it easier to successfully resolve DUI charges, protecting your driving privileges, keeping you out of jail, and helping you avoid high fines.
Building a Defense to California DUI Charges
A DUI lawyer in Los Angeles can help you handle DUI charges in California even if you are from out-of-state. Working with a local professional ensures you get assistance from someone who understands California’s legal codes.
The professionals at the Simmrin Law Group can assess the DUI charges you are facing. Depending upon your situation, we may be able to argue that:
- You were not operating a vehicle while inebriated
- You received false-positive results from blood alcohol content (BAC) tests
- You were stopped by law enforcement officers without due cause
Facing DUI charges head-on can help you avoid serious legal repercussions, including extradition. Allow us to help you review your legal options in the state of California now.
Get Help if You Are Extradited for a DUI in California
DUI charges can be difficult to handle if you are arrested in your home state or while visiting a different state. If you are arrested in California, you can get assistance from a DUI lawyer in Los Angeles. The team at the Simmrin Law Group can help you resolve these charges to protect your license. Call us at (310) 997-4688 or complete our online contact form to learn more.
We are ready to provide you with a FREE consultation regarding your legal options today.