Posted By : Alisha Wood | Date : 02-22-2016
A DUI in California comes with stiff penalties, whether you live in the state or are just visiting. Out-of-town drivers need to be aware of the potential consequences of DUI, which may be imposed both in California and in the state where they live. For residents and non-residents alike, a seasoned DUI attorney can help defend your charges and minimize your penalties in both locations.
If you are a California resident arrested for driving under the influence in California, the arresting officer will confiscate your driver’s license. While the officer cannot confiscate an out-of-state license, you can receive a pink temporary notice that your ability to drive in California will be suspended within 30 days from the time of your arrest. At that time, the California DMV will be notified about your pending suspension.
You have 10 days from the date of your arrest to challenge the suspension by requesting a hearing with the California DMV. This postpones the suspension of your driving privileges until the outcome of the hearing. It may be several months before the hearing actually occurs. When it does, you don’t have to be present if you have an attorney representing you that can appear on your behalf.
Interstate Driver’s License Compact (IDLC)
It is unlikely you will only have to face consequences of your DUI in California. Under the Interstate Driver’s License Compact (IDLC), California will report your arrest to 45 other states around the country. If one of those is your home state, that state can take action against your license. The only states that do not participate in the IDLC at this time are Georgia, Michigan, Wisconsin, Massachusetts and Tennessee.
Action will vary according to the state in which you live. States handle out-of-state DUIs in a variety of ways:
If your license is suspended by the California DMV, your state will also take action
If you get a criminal conviction from your DUI, your state will also take action
Your state will handle your DUI exactly as if you had been arrested in your own state
Your state will only penalize you if their DUI statutes are the same as California’s
In addition to the option of a hearing with the California DMV, you will also be subjected to criminal charges involving your DUI. This action is taken by the California Superior Court and is completely separate from the DMV. However, typically the same California attorney that represented you in the former process will also appear on your behalf to answer the criminal charges in many cases.
If you decide to move your case to trial, your attorney can also represent you during these proceedings. However, most attorneys will recommend that you appear for your trial, since outcomes are generally better for defendants that are present in court. If your charges are dismissed, it is likely you won’t face consequences in your home state either.
Finding the Right Legal Representation
Working through the legal process after a DUI is complex enough. When the offense occurs in a different state, it becomes even more complicated. Proper legal representation will make all the difference in a smooth legal process and the outcome of your case. To get a free case evaluation and answers to your legal questions, contact the California DUI experts at the Law Offices of Alisha A. Wood at 619-356-2249.