OUT OF STATE DUI PRIOR: EFFECT ON REQUIREMENT TO DO 18 MONTHS DUI CLASS

January 29, 2025

Here, Los Angeles DUI Attorney an out-of-state prior and if it can be used to impose longer program and license suspension on a driver.

When facing DUI charges in Los Angeles, few cases illustrate the DMV’s willingness to use out-of-state priors more than Isaac v. Department of Motor Vehicles (2007) 155 Cal.App.4th 851. This case demonstrates just how aggressively the DMV can treat prior DUI-related incidents—even if they were dismissed in another state and even if that state’s DUI statutes differ significantly from California law.


The Facts Behind Isaac v. DMV

  1. Out-of-State Prior
    • Mr. Isaac was prosecuted in California and had a prior DUI-related incident in Ohio, which has an “operator” statute rather than requiring the same “volitional movement” element as California DUI law.
    • Notably, Ohio’s definition of “operating” a motor vehicle can be broader than California’s definition of “driving.”
  2. Dismissed Citations
    • In Ohio, Mr. Isaac received traffic citations (unsafe lane change, etc.), which implied he had been driving. However, those citations were ultimately dismissed in his Ohio case.
    • Despite the dismissal, the California DMV used the existence of these dismissed citations to conclude that Mr. Isaac had, in fact, driven under the influence.
  3. California DMV
    • Years later—10 years, in fact—the DMV classified Mr. Isaac as a second offender due to the Ohio incident.
    • Isaac argued that even thought Ohio charges resulteded in a conviction in Ohio, for California “prior APS finding” the prior is invalid the Ohio law is based on an “operator” statute rather than California’s stricter definition of “driving”. The DMV still treated Mr. Isaac as if he had a valid out-of-state DUI prior and required multioffender DUI class.
  4. Isaac’s Argument
    • Mr. Isaac contended that Ohio’s “operator” statute differed from California’s “driving” requirement, and therefore the Ohio prior should not count.
    • He maintained that because California law specifically requires “volitional movement,” the broader Ohio law did not match California’s elements for DUI and the prior could not be used to required longer DUI class.
  5. Court of Appeal’s Conclusion
    • The court held that, a DUI conviction in another state, regardless whether the statute of “operation” or “control”, supports DMV findings of a prior that require multioffender DUI class (instead of 3 months DUI class).
    • As a result, the prior from Ohio was counted as a valid DUI offense for the purpose of imposing second-offender penalties under California law.


Why You Need a Los Angeles DUI Attorney

  1. Complexity of Out-of-State Priors
    • As shown in Isaac, what counts as “driving” in another state can still meet California’s threshold for DUI. An experienced attorney will scrutinize the out-of-state documents, look for mismatches in legal elements, and challenge the DMV or DA interpretation when possible.
  2. Different Standards: Courts vs. DMV
    • A criminal court might give you a break or see you as a first-time offender, but the DMV’s parallel process has its own rules. You need an attorney who understands how to fight both in court and in DMV hearings.
  3. Timely Legal Action
    • The DMV process is time-sensitive. If you miss deadlines for a hearing or fail to respond appropriately, you may lose your chance to challenge the suspension or the classification as a repeat offender.
  4. Navigating the Gray Areas
    • Isaac v. DMV underscores how the DMV can rely on underlying documents (like traffic citations) even if they were dismissed. A skillful attorney can argue whether those facts truly meet California’s definition of driving under the influence and argue that they are not part of the record.

Contact a Los Angeles DUI Attorney Today

If you or someone you know faces a DUI charge in California and has a prior—no matter how old or from what state—contact a Los Angeles DUI Attorney immediately. An experienced lawyer will:

  • Review the Out-of-State Records to see if they genuinely meet California’s DUI elements.
  • Challenge the DMV’s Assertions that old or dismissed charges qualify as valid DUIs.
  • Represent You in Court and at the DMV to protect your driving privileges and fight for your rights.

Understand your legal options, be proactive, and get Los Angeles DUI attorney on your side to help you navigate these often confusing—and frustrating—DUI laws.

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