Glendale DUI by a Driver from Out of State
It is not uncommon for many of the drivers in the Glendale area to hold driver’s licenses from states other than California. Because of this, arrests and prosecutions for Glendale Out-of-State DUI incidents do occur, and the California DMV handles these incidents differently in regards to license suspensions and revocations.
Drivers with California licenses and those with valid out-of-state licenses are treated similarly by the court system, with both classes of drivers following the usual Glendale DUI Process as their case proceeds in the criminal justice system. A judge is usually not concerned whether a DUI offender was licensed by California or by another state.
However, there are significant differences in how the California Department of Motor Vehicles handles out-of-state DUI offenders in the DMV Administrative Hearing aspect of the DUI Process. The DMV can suspend, restrict or revoke driving privileges for DUI offenders independent of any court action.
The California DMV honors out-of-state driver’s licenses, and there are many people driving in the Glendale area who do not have a California license. This may include people temporarily visiting from outside California or those who have recently moved here and have not updated their license.
Out-of-state drivers arrested for DUI in Glendale who are accused of having a blood alcohol level in excess of 0.08 percent, or are accused of refusing to take a chemical test, are provided a notice from law enforcement that their driving privileges will be suspended after thirty days.
If they want to contest this suspension, the driver (or his or her attorney) must request a hearing from the DMV within 10 days. If that deadline is missed, the driver cannot contest the suspension. If a hearing is properly requested within the time period, the DMV will schedule an Administrative Hearing with a Hearing Officer from the local DMV Driver’s Safety Office, who will rule whether the suspension is valid or not. This process is described at length in the section on DMV Administrative Hearings.
Actions taken by the California DMV can be enforced by the driver’s home state. This is because California is a member of the Interstate Driver License Compact (“DLC”), which is an agreement between 45 different states. Georgia, Massachusetts, Michigan, Tennessee and Wisconsin are not parties to the DLC. For states in the DLC, any action taken against a driver’s license by one state will be communicated to every other state in the Compact.
The home state for the out-of-state DUI offender will then be aware of the alcohol-related suspension and may institute their own suspension, restriction or revocation. Every state treats DUI driver’s license suspensions differently. Some states will suspend a license once the California DMV has issued a suspension while other states only act after a court conviction for Driving Under the Influence in Glendale has been entered.
California will still require payment of a reinstatement fee and proof that the driver has obtained supplemental insurance (SR-22) before they will lift the national hold and permit the driver to regain full driving privileges.
The Driver License Agreement (“DLA”) is a more stringent national policy that may replace the DLC. While the DLC does not force states to enforce suspensions issued by other states, the DLA would require states to honor DUI-related convictions and license penalties issued by other states and impose them locally. Currently only Arkansas, Connecticut and Massachusetts are parties to the DLA, however it is expected to expand and eventually replace the DLC.
In addition to action taken by the California DMV, an out-of-state driver facing DUI charges in Glendale also has to deal with the criminal charges filed in court. The court case can feature numerous court hearings and may impose sentences that must be served locally. In California, someone charged with a misdemeanor is not required to attend court and may have an attorney appear on their behalf pursuant to California Penal Code Section 977(a) PC. In addition, with the assistance of a skilled Glendale DUI Attorney, an out-of-state defendant may be able to complete required alcohol classes and other conditions of probation in their home state.
Glendale DUI Attorney Michael Kraut is highly experienced at representing out-of-state defendants who have been charged with Driving Under the Influence. Mr. Kraut recognizes the aggravation caused by having open criminal charges in another state, and is able to make all court appearances and complete the DMV hearing without his client having to leave home. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Mr. Kraut is highly respected by prosecutors, judges and law enforcement in the Glendale area for his extensive knowledge of DUI law and for his impressive skills in the courtroom.
For more information about Glendale Out-of-State DUI charges, and to schedule your free consultation, contact Glendale DUI Attorney Michael Kraut at the Kraut Law Group located at 450 North Brand Boulevard, Suite 600, Glendale, CA 91203. Mr. Kraut can be reached 24/7 at 888-334-6344 or 818-507-9123.