Out of State DUIs

If you have a driver’s license from a state other than California, and got a DUI in Orange County, California, while on business or while visiting, then you have a special situation not covered well by advice from other attorneys. This is a different situation than for California residents that get a DUI in another state.

The implications of a California DUI don’t differ significantly for residents versus out of state visitors. The legal standard is the same for both: a DUI can be charged with driving while intoxicated and/or with an excessive BAC. And the court-imposed penalties are the same for a DUI conviction.

Out of State DUI and the DMV

The differences arise with respect to drivers license issues. The California DMV lacks authority to suspend or revoke a license issued by another state. Therefore, an out of state driver with a California DUI cannot get his/her driver’s license suspended directly by the California DMV.

However, California and most states belong to the “Interstate Compact.” This is an agreement among 45 of the states to share driver’s license data and other DMV information and honor each others’ drivers license suspensions. This means that the California DMV will report nationally any action it takes against a foreign license. Most often, the sister state issuing the license will respond by imposing its own restriction, suspension or revocation.

Which states are not part of the Interstate Driver’s Compact?

Only the following states are not part of the Interstate Driver’s Compact:

Wisconsin;
Tennessee;
Georgia;
Massachusetts; and
Michigan

The above states are not part of the Interstate Driver’s License Compact. All remaining states have agreed to notify other states of a DUI conviction and/or action taken against a person’s driving privilege. Since that includes California, the California DMV will share information with all states other than those listed above.

Contact our Law Firm.

Contact us today. We can fight both the DMV and protect your state’s DMV from being notified, and handle the entire case in California, from start to finish, without the expense or inconvenience of you having to fly out for hearings.