Burbank Out Of State DUI
The Burbank area attracts visitors and new residents from various different states and countries. As a result, having a driver's license from a state other than California is not unusual. Any driver can be arrested and charged with DUI, and when Burbank Out-of-State DUI incidents occur, the California DMV must process and handle the potential suspension differently.
When dealing with DUI criminal charges in Burbank, the issuing state of a driver's license is not usually relevant to how a case is handled during the Burbank DUI Process. A judge or prosecutor is typically more concerned with the driver's conduct rather than which state issued their license.
However, the California Department of Motor Vehicles treats out-of-state DUI offenders differently with respect to the DMV Administrative Hearing and any license suspension or revocation that may be ordered.
As part of the DUI arrest process, any driver arrested in Burbank for Driving Under the Influence who has a blood alcohol level in excess of 0.08 percent or who refuses testing will be given notice that their license will be suspended after 30 days. Even drivers without California driver's licenses are given this suspension notice.
To contest the suspension, the driver (or their attorney) must formally request a hearing from the DMV within ten days of arrest. Once requested, a hearing will be scheduled before a Hearing Officer from the DMV who will issue findings after the hearing as to whether there was sufficient evidence to uphold the suspension. Visit the section on DMV Administrative Hearings for more information about these hearings.
Out-of-state drivers may not be aware that any suspension or revocation issued by the California DMV will be communicated to their home state and is typically fully enforced, as California is a party to the Interstate Driver License Compact (“DLC”). The DLC is a national compact between 45 states in the U.S. (Georgia, Massachusetts, Michigan, Tennessee and Wisconsin are not members) that promotes communication and uniform action between the various states' DMV agencies.
Even though another state may be aware of a California suspension, they are not bound by it. States may have different policies and procedures regarding how they treat alcohol-related driving incidents, and some states will only suspend a license if there has been a court conviction.
Regardless of what another state might do, the out-of-state driver would still need to pay a reinstatement fee to the California DMV and obtain supplemental liability insurance (the SR-22 policy) before the California DMV will remove any hold on a license in the national database.
The DLC is currently being phased out in favor of the stricter Driver License Agreement (“DLA”). The DLA would require states to impose and honor the alcohol-related suspensions issued by other states in the Agreement. Currently, California is not a member of the DLA and only three states (Arkansas, Connecticut and Massachusetts) belong to the DLA, however it is expected to expand as states crack down on DUI drivers nationwide.
Another issue out-of-state DUI offenders face is having to deal with court and criminal charges in a place they do not live. Court cases can be lengthy and may require numerous appearances, which would prove difficult for defendants who live outside California. However, California law allows people charged with misdemeanor offenses to have an attorney make court appearances on their behalf. Additionally, an effective Burbank DUI attorney can make sure that alcohol classes and other probation requirements are permitted to be completed in the defendant's home state.
Burbank DUI Attorney Michael Kraut has extensive experience in representing out-of-state DUI defendants. Mr. Kraut can take care of court appearances and the DMV hearing on his clients' behalf so they are not forced to make multiple trips into California. Mr. Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who is highly regarded by prosecutors and law enforcement in Burbank as a tough litigator and passionate advocate for his clients.
For more information about Burbank Out-of-State DUI charges, and to schedule your free consultation, contact Burbank DUI Defense Attorney Michael Kraut at the Kraut Criminal & DUI Lawyers located at 2600 West Olive Avenue, 5th Floor, Burbank, CA 91505. Mr. Kraut can be reached 24/7 at 888-334-6344 or 818-563-9810.