How do that DUI look back laws work from state-to-state?
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How do that DUI look back laws work from state-to-state?
I have 2 previous DUI’s from 9 and 10 years ago in CA. I am currently working in HI and just received another DUI. Will be dealing with HI or CA law? In other words, a 10 year or 5 year look back and a 1st offense or 3rd offense.
Asked on May 27, 2019 under Criminal Law, Hawaii
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
The law of the stae in which you were cited applies. In this case, that would be HI. Specifically, while HI controls, it would still be your 3rd offense (as all such convictions are reported to a central daat base so HI will know of your 2 previous out of state convictions).
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If you are in HI and that is where (we assume) you received the DUI, the Hawaiin law applies: criminal and traffic law is local (even though the states share information about offenses with each other), so the law of where you received the DUI applies.
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