Burbank Out Of State DUI

DUI crash

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 Law Group 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.

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Client Reviews
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Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan Thomas
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I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
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Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
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Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel Lepervanche
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Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.