How DUI Convictions Are Treated Across State Lines
A DUI conviction does not stay in the state where it happened. Under California Vehicle Code § 15023, a DUI conviction in another state has the same effect on your California driving privileges as if the DUI had occurred in California. This is possible because California is one of 45 states that belong to the Interstate Driver's License Compact.
If you are a California driver who got a DUI in another state, or if you were visiting California and got a DUI here, the consequences can follow you home. If you are facing a DUI charge in 2026, talk to our Napa, CA DUI defense lawyer today.
What Is the Interstate Driver's License Compact?
The Interstate Driver's License Compact (IDLC) is an agreement among 45 states and the District of Columbia. The whole idea behind it is simple: one driver, one license, one record. States that belong to the compact share information with each other about DUI arrests, convictions, and license suspensions.
When a state convicts you of DUI, it reports that conviction to your home state through the compact. Your home state then decides what to do with that information. In most cases, your home state will treat the out-of-state DUI as if it happened on its own roads. That can mean a license suspension, fines, required alcohol education programs, and other penalties, even if you have never had a DUI in your home state before.
Most states are part of the IDLC. If you receive a DUI in one of the states that is not, California may not automatically receive notice. But those states may still report serious offenses to national databases, so you are not necessarily protected just because a state is not in the compact.
What Happens to a California Driver Who Gets a DUI in Another State?
If you hold a California driver's license and you are convicted of DUI in another state that belongs to the IDLC, that state will notify the California DMV. California will then review the conviction and may suspend or restrict your California driving privileges, just as it would for an in-state DUI.
You also have to deal with the criminal case in the state where the DUI happened. That state's laws apply to your case, including fines, jail time, license suspensions in that state, and any required programs. So you could end up facing consequences in two different states for the same incident.
What Happens to an Out-of-State Driver Who Gets a DUI in California?
If you are visiting California and are arrested for DUI here, California law applies to your case. Under California Vehicle Code § 23152, it is illegal to drive under the influence of alcohol or drugs, or with a blood alcohol concentration of 0.08 percent or higher. This law applies to every driver on California roads, regardless of which state issued their license.
At the time of your arrest, the officer will notify the California DMV, which can suspend your privilege to drive in California. You will typically receive a notice that your California driving privilege will be suspended in 30 days unless you request a hearing.
California cannot take away your out-of-state license, but it can prevent you from driving in California. It will also report the conviction to your home state through the IDLC. Your home state will then decide whether to take its own action against your license. In many states, your home DMV will suspend or restrict your license based on the California conviction.
Will an Out-of-State DUI Count as a Prior Offense in California?
In most cases, a previous out-of-state offense will count in California. If you are later charged with a DUI here and you have a prior DUI conviction from another state, California will look at whether that prior conviction would have qualified as a DUI under California law. If it would have, it typically counts as a prior offense.
This matters a great deal because DUI penalties in California increase significantly for each prior conviction. A second DUI in California carries longer license suspensions, higher fines, and more jail time than a first. A third DUI can lead to felony charges in some circumstances. Having an out-of-state DUI count as a prior can push what would have been a first-offense case into second-offense territory with much harsher consequences.
Schedule a Free Consultation With Our Richmond County, CA DUI Defense Attorney
DUI cases that cross state lines are more complex than they look, and the consequences in California can be severe, whether the DUI happened here or somewhere else entirely. Attorney Paul Richard Burglin has represented more than 5,000 individuals charged with DUI throughout his career. He has been lead counsel in more than 120 DUI jury trials over 32 years of practice and is a graduate of the University of Indiana's comprehensive course on chemical testing and scientific protocols in DUI cases.
That level of knowledge and experience is exactly what you need when your driving privileges and your record are on the line. Call Burglin Law Offices, P.C. at 415-729-7300 today to speak with a Napa, CA DUI defense lawyer you can trust.
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