CA VC 23152

Out-of-State DUI

Welcome

If you have recently been arrested for a DUI, and you’re not a California resident, or have an out-of-state driver’s license, there are several steps that you must take to ensure minimal impact on your driving privileges and criminal record. The two most important steps are:

  1. Schedule a DMV Hearing, in California, within 10 days of your arrest
  2. Hire a skilled criminal defense attorney

An out-of-state DUI includes those on vacation in California and anyone who recently moved to California who has yet to register in the state.

It’s important to note that if you’ve recently moved to California you have 30 days to go to the DMV and get a California driver’s license. If you are pulled over and the officer can prove that you’ve been a resident for more than 30 days you can be cited for Driving Without a License, CA Vehicle Code 12500(a) [1], a misdemeanor.

Once you’ve been arrested for a DUI the arresting officer will:

  • If you’re a CA resident, confiscate your CA driver’s license and give you a temporary driver’s license. The temporary license will expire in 30 days, which will begin your drivers license suspension.
  • If you’re not a CA resident, give you a notification stating that your driving privileges in CA will be suspended in 30 days.

From this point you have 10 days to schedule a DMV Hearing. In short, the DMV Hearing pertains to if, or, for how long your driving privileges will be suspended or revoked. For a full understanding read the DMV DUI hearing article.

If you’re an out-of-state driver who was recently arrested for a DUI it’s important to hire a criminal defense attorney who can attend the DMV Hearing on your behalf as well as fight your case in court. This will save you time and money from having to travel back to California.

If your DMV Hearing is not successful and you lose your driving privileges in California then your home state will be notified and your driving privileges will be affected there too. This is due to The Interstate Drivers License Compact (DLC), a group of states that share the concept of a single driver having a single driving record, regardless of state boundaries. The only states that don’t participate in the DLC are Georgia, Massachusetts, Michigan, Tennessee and Wisconsin. The DLC will be replaced by the even more harsh, Driver License Agreement (DLA) soon.

Following your DMV Hearing, your case will go to court. Depending on the facts of the case and your criminal record, the judge may or may not require your attendance. If you are required to appear in court you must come back to California. However, if the judge does not require your attendance then your criminal defense attorney can represent you on your behalf. From this point forward your criminal defense attorney will approach your DUI case as he or she would approach any other DUI case. For an in-depth understanding on what your criminal defense attorney will do, read the Field Sobriety Test article.

 

References

[1] http://www.leginfo.ca.gov/cgi-bin/displaycode section=veh&group=12001-13000&file=12500-12527

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