DUI cases in California for Out of State Residents
You or a friend has just been charged with DUI (drunk driving) in California. You are from another state, were visiting, just moved here, or otherwise hold a driver’s license from another state. This is different from the situation where a California driver gets a DUI in another state. How does the law handle DUI cases in California for out of State residents?
Since there exists interstate shared information between DMVs from state to state, you can lose your privilege to drive in your home state. Here is how it works, under the Interstate driver’s compact, motor vehicle departments in certain other states must recognize a California suspension to drive.
If you lose your privilege to drive and the California DMV suspends your license, you can lose your privilege to drive anywhere from four months to several years. The length of the suspension will depend on factors including the following:
- How many prior DUI convictions you have in ten years;
- Whether or not you have refused to take a blood, breath or urine test to determine your blood alcohol concentration;
- Whether or not you are under 21;
- Whether or not you were on DUI probation already for a prior when stopped.
What happens at a California DMV hearing for those out of state.
If the police followed procedure when you were arrested, here is what should have happened:
- When you were arrested for DUI, police should not have taken away your out of state driver’s license. California police don’t have jurisdiction over your state’s license. You should have been given your license back.
- However, police will warn you that privileges to drive in California are suspended by giving you the pink temporary license. You get to keep your license.
- Your home DMV will be notified of your DUI charge if you lose a DMV hearing or you do not request a DMV hearing. The DMV in your home state usually will take whatever actions against your driver’s license that any DUI offender in your home state would be subject to.
- You can only prevent action in your home state regarding your license by requesting a hearing with the California DMV. You have only 10 days from the date of your arrest to file this request.
Requesting the DMV hearing in California can completely prevent action by your home state.
You do not have to be in California for the DMV hearing. You can handle it telephonically, or have an attorney appear for you.
What happens in Court for an Out of State Resident
A DUI defense attorney can also handle the entire case in court in California for you, without you having to return to California. California law allows us to appear on your behalf, as your agent, the same as you being there.
Why choose your firm
After 25+ years of practice, we know California law regarding DUI and DUI procedures, and defenses. We know how to handle cases for people out of state.
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