Legal Question in DUI Law in California

"My friend" got a DUI in Ca 2 weeks ago. He already has 3 DWI's, but all taken care of(fines paid, etc.) He's considering skipping the court date Monday and going back to Texas(was only here for a month on vacation and will prob not be back to CA anytime soon). He's scared this will be his 4th DUI and will serve time. But, wouldn't this be his 1st DUI in CA and the 1st DUI laws will apply? Say maybe 48 hours minimum jailtime and minimum $360 fine? This was afterall on a Jetski in the river.


Asked on 8/05/09, 7:25 pm

2 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

For purposes of a DUI, THE ONLY QUESTION IS DOES HE HAVE 3 PRIORS WITHIN 10 YEARS, It doesn't matter what state, as long as the other states laws regarding dui, would qualify here in California. The fact that it's on a jetski doesn't neccessarily help him. I will tell you it's never a good choice to run. Very likely a warrant will issue for his arrest. Talk to a lawyer in or near your area to go the specifics. If you want to call us, I'll be more than happy to answer what questions I can over the phone.. I wish you well. David Wallin

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Answered on 8/05/09, 8:00 pm
Terry A. Nelson Nelson & Lawless

Dream on. No, this is his 4th DUI no matter where he goes to court. Every conviction, from every state, counts as a prior, and they all show on his rap sheet, forever. Yes, he may serve time; either a little bit now when he goes to court voluntarily, or a lot more later when he is arrested on a fugitive warrant and returned to the court in cuffs, shackles and an orange jump suit, to face a judge angry that the court appearance was 'blown off'. That will happen the first time he comes in contact with law enforcement or ICE anywhere in the country, for any reason, like a traffic stop or checkpoint, airport or border check, license renewal attempt, etc. There is no 'run and hide' defense. Tell him not to be stupid. Get an attorney and deal with it correctly.

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Answered on 8/05/09, 8:01 pm


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