Out of state DUI - who punishes?

[Stephen991]

State: Not relevant

I am a current resident of a state that offers a diversion program for DUI offenses.

I was pulled over for suspected DUI in another state, which does not offer a diversion program.

I keep getting told that my home state may execute on certain aspects of the DUI punishment. For instance, if my license gets suspended, my home state where my license resides will decide on "how long" it gets suspended. It does not go by the state in which I got the DUI.

In other words, it seems that my home state laws are the ones that are in effect when I get a DUI in another state.

Since my state offers a diversion program, would my attorney be able to petition the court (plea?) to honor that diversion program and allow me to take it?

One attorney said yes. Another one said "No, they dont care here".

I guess I dont comprehend where the prosecuting state plays a role in the punishment, and where my home state plays a role. Is it only in regards to suspension length? Or does it overlap into several areas?

I realize the judge in the prosecuting state decides the punishment. But if he's going to "honor" my home state's suspension laws (when they differ from his) ... then why couldnt he honor the option of my home state for a diversion program?

Thanks

 

[ERAUPIKE]

State: Not relevant

I am a current resident of a state that offers a diversion program for DUI offenses.

I was pulled over for suspected DUI in another state, which does not offer a diversion program.

I keep getting told that my home state may execute on certain aspects of the DUI punishment. For instance, if my license gets suspended, my home state where my license resides will decide on "how long" it gets suspended. It does not go by the state in which I got the DUI.

In other words, it seems that my home state laws are the ones that are in effect when I get a DUI in another state.

Since my state offers a diversion program, would my attorney be able to petition the court (plea?) to honor that diversion program and allow me to take it?

One attorney said yes. Another one said "No, they dont care here".

I guess I dont comprehend where the prosecuting state plays a role in the punishment, and where my home state plays a role. Is it only in regards to suspension length? Or does it overlap into several areas?

I realize the judge in the prosecuting state decides the punishment. But if he's going to "honor" my home state's suspension laws (when they differ from his) ... then why couldnt he honor the option of my home state for a diversion program?

Thanks

DL suspension is administrative not punitive. The penalties of the jurisdiction you were charged with DUI are the only applicable penalties in your case.

 

[CdwJava]

You have already gotten information on this in your other thread.

The CA DMV will wait until your license is clear in AZ before they will reinstate it. There may be options to grant you a restricted license, but you may well have to contact them and ask after they have taken action on your license here.