DUI multiple states

Asked almost 4 years ago - Rockville, MD

My friend just received his 3rd DUI. The first one was in Virginia (VA) in 2002, the second one was in California (CA) in 2008. When he was convicted of the one in CA, they did no find out about the first one in VA and convicted him as a first time offender. In October 2010 he received a DUI in the District of Columba (DC). He has a VA driver's license. Will DC find out about either of the other two convictions? How much do states talk to each other about these types of convictions? Also, will VA find out about DC if he is convicted? if so what will VA do?

Attorney answers (4)

  1. David Keith Felsen

    Pro

    Contributor Level 12
    Best Answer
    chosen by asker

    Answered . Your friend is in a great deal of trouble. Almost all States participate in a nationwide data base relating to the sharing of information relating to crimes. DUIs don't always show up on that dtata base. However, DC and VA report each other's convictions to the other jurisdiction. Points will not transfer, but convictions do. A review of his VA record should show the prior events. CA may not have looked at your friends Va record and therefore didn't see the 2002 event, or the matter may have been resolved by a plea to a lesser offence (reckless driving). In any event your friend can't bank on DC not finding out.

    Additionally, if, in the sentencing phase of the proceeding, the DC court asks your friend about any prior events, he will be obligated to telll the judge. He will be under oath, and lying to the judge is a separate charge of perjury.

    You friend needs a lawyer experienced in DUI practice and who is familiar with the Judges and magistrate judges in DC Superior Court. Good Luck.

  2. David Richard Waranch

    Contributor Level 9

    Answered . It depends on what type of record check is done. He needs to hire an attorney immediately and start preparing the case. Sometimes, prosecutors are able to find convictions from all over the county and other times a local search is done and does not reveal other convictions.

    More importantly, your friend needs to hire a DC DUI attorney to help him. What they find is out of his control.

  3. Theodore W. Robinson

    Contributor Level 20

    Answered . Its impossible to tell, since it will depend upon how efficient the Washington, D.C. computer is or isn't. Have him consult with a conpetent lawyer.

    Good luck.

  4. Ted Harvatin

    Pro

    Contributor Level 19

    Answered . Not only are states very inconistent about this but it even varies within a county. Sometimes my county prosecutor knows about an out of state dui from a long time ago but not about one from a couple of years ago. Also, keep in mind that different states define "first offender" differently. Some may not count out of state convictions when assessing a given case. You need a lawyer.

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