Monthly Archives: April 2021
Is it Possible to be Extradited for a DUI?
Each state handles charges for driving under the influence. 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. Extradition is the process by which a person is arrested in one state to face charges in another. This can become a costly process and for this reason, most state court systems only pursue extradition proceedings in cases involving felony charges. It is important to note however, that there are some cases where individuals can be extradited on misdemeanor charges.
DUI Charges and Extradition in California
As aforementioned, felony charges are generally when states pursue extradition. While most DUI charges are commonly treated as misdemeanors, some DUI offenses in California are prosecuted as felonies. The court can use felony DUI charges to prosecute you if you committed at least four DUIs within a span of 10 years, the DUI accident you caused resulted in serious bodily harm, and/or if the DUI accident resulted in a death. Likewise, if you have received a felony DUI charge in the past, your new DUI will also be charged in California as a felony. Either of these alternatives could easily cause you to be extradited by the state to face charges.
You can still face serious consequences even if you are not extradited to face prosecution for a DUI in California. Even if you are charged with a misdemeanor DUI, your life will still be affected. In particular, California initiates an automatic license suspension when you are arrested for DUI that goes into effect within 30 days of your arrest. This still occurs even if your DUI case is dismissed by a judge. The only way to possibly stop this is by requesting a hearing within 10 days of your arrest. In the event that you fail to respond to the notice of the hearing, the California DMV will suspend your license for a minimum of four months and does not only apply in California, but across state lines.
If you fail to appear in court to address a DUI charge, a bench warrant for your arrest can be issued by the court. This has no statute of limitations so any return trip to California will come with the knowledge that every police officer will be able to identify you as a wanted individual and will likely arrest you immediately.
If you are aware of an outstanding DUI in California, it would be wise to seek legal counsel as opposed to waiting it out. Contacting a DUI attorney will place you in a much better position in regards to handling your pending charge. An experienced attorney can possibly negotiate for an alternative penalty that allows you to stay in your home state instead of returning to California to serve a jail sentence.