Question: I got 2 DUI. 1st DUI in washington state (0.68 BAC, reduced to Neg 1)and 2nd DUI in Los Angeles, California in Van Nuys. Im still on probation, will my 1st DUI affect my 2ndin diff state

Answer: I am a little unclear about your post. It appears that you got your first charge of a DUI reduced to a “neg 1.” I’m not sure what that is, as it is not a term that is used in Los Angeles County for DUI’s. Based on what your BAC level was at (.068) and if you were over 21 at that time, my guess is that is what happened, although I would need to speak to you in further detail to find out the particulars to give a real assessment.

If that is the case, and your DUI charge was reduced to something lesser than a DUI, then the current DUI charge should only be charged as a 1st offense DUI. Even if initially charged as a 2nd offense, it may be possible to get it charged as a first offense depending on the facts surrounding the WA Dui. This can potentially be done as a “motion to strike the prior” if that DUI (or reduced charge) in WA would not have amounted to a DUI had it occurred in California.

As for the probation violation, WA state would deal with that, not California…and they may or may not get around to doing anything about it if there is, in fact, a conviction.

As for the DMV, if the first offense was not a DUI conviction (because it was reduced), and there was no separate DMV action suspending your license, then it shouldn’t count against you in the current DUI action. Remember, you only have 10 days from the date of arrest to request a DMV hearing to protect your license.

All of this is assuming you were over 21 at the time of the first DUI. If you were under 21, there may have been different rules in WA (as there are in California when under 21). Feel free to call me to speak in more detail so I can better assess your case. Sounds like you made the rounds for calls already. I’m not sure who you called already, but be sure to speak to an experienced DUI attorney that is familiar with the laws of california, and how to fight priors when appropriate.

Phil Hache
DUI & Criminal Defense Attorney
www.1DUILawyer.com
Handling DUI and Criminal matters throughout Courts in Southern California including Van Nuys, San Fernando, Burbank, Glendale, Pasadena, Metro, Bellflower, Alhambra, Malibu, Compton, Inglewood and other Courts.
Office in Sherman Oaks