Dealing With DUI Warrants While out of State

Dealing with DUI WarrantsIn some cases, a person may have been arrested for a DUI offense in the Los Angeles area many years ago and failed to appear for their initial court date or were convicted of DUI and left the California without completing all of the terms and conditions of probation. Many years later while outside of California, the individual may discover that he or she has an old DUI warrant that is preventing him or her from getting a driver’s license or is affecting employment prospects. It is imperative that anyone in this situation contact a skilled Los Angeles DUI attorney immediately.

Effect of a DUI Warrant

California DUI warrants can carry significant consequences for defendants, even when they live out of state. The warrant is entered into a national database and the defendant may be prevented from getting a driver’s license out of state while the warrant is active. In addition, the warrant may come up during a criminal background search and may prevent the individual from being considered for a job or a promotion.

While California typically does not extradite people on misdemeanor warrants, the local law enforcement may hold the individual on the California warrant before it is determined that California will not seek extradition. If the driver is involved with a felony DUI offense, California may extradite the defendant back in order to deal with the open charge or the probation violation. The defendant would typically remain in custody while he or she is transported to California.

Am I Required to Return to California to Deal with a DUI Warrant?

Many people who have old DUI warrants want to know whether or not they are required to return to California in order to deal with the warrant. If the underlying offense is a misdemeanor, courts typically will allow attorneys to appear on their client’s behalf so that the defendant would not have to travel to California. Depending on the case, the defendant may be able to completely resolve the underlying DUI without ever having to travel to court.

If the defendant failed to take or complete the alcohol education program, the judge may allow the defendant to take a similar program in his or her home state or to take an online program if there is no comparable program. This also applies to any community service requirement that is imposed. An effective Los Angeles DUI lawyer will be able to clear the warrant and resolve the matter so that the client would not have to return to California.

Serna Motions and Other Remedies

In some cases, a defendant may have been charged with a DUI offense and never received notification of the arraignment. In these cases, a warrant may have been issued and have been active for years without the defendant even knowing it. When this is the case, the defense may file a Serna motion, which is a motion to dismiss for lack of timely prosecution. The Court will consider factors such as the length of the delay, the reason for the delay, whether the delay was caused by the defendant’s own actions and whether the defendant was aware of the charges. If the court finds that the defendant was denied his or her right to a speedy trial, the charges may be dismissed.

If you have a California DUI warrant and live out of state, it is critical that you speak with a knowledgeable DUI attorney as soon as possible. Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who recognizes the impact an old warrant can have and works diligently to have old warrants recalled and resolved so that his clients do not have to uproot their lives and return to California.

For more information about dealing with DUI warrants while out of state, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

Share |
Client Reviews
★★★★★
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs!
★★★★★
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
★★★★★
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
★★★★★
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel Lepervanche
★★★★★
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.