Los Angeles DUI Out of State
Whether you are here temporarily to work or study, or you live here permanently but never got around to getting a California Driver’s License, drivers with out-of-state licenses are subject to California’s DUI laws and regulations. If you have an out-of-state driver’s license and are stopped and arrested for Driving with a blood alcohol concentration of 0.08 percent or higher, the arresting officer will provide you notice that your privilege to drive in California will be suspended in thirty days.
Regardless of what state issued your license, the arresting officer or agency will immediately notify the California DMV of the arrest and the impending suspension. At that point, you have 10 days to request an Administrative Per Se hearing from the DMV to challenge the license suspension. If you miss the deadline, you give up the chance to challenge the suspension. Even if you have a license from another state, you (or your attorney) must file notice to challenge the license suspension in a timely fashion with the California DMV. If your license is suspended and you do not live in California you will still have to get an SR 22 from your insurance company as well as be required to pay a reinstatement fee.
The various DMV offices of each state communicate with each other as part of an interstate compact, so even if you don’t live in California, a suspension in California will most likely trigger action against your license in whatever state that issued your driver’s license. This is because California is one of 45 states who participate in the Interstate Drivers License Compact (IDLC). Georgia, Massachusetts, Michigan, Tennessee and Wisconsin are not part of the Compact. The IDLC recognizes that interstate travel and residency is widespread and thus states should have easy access to the driving and arrest records of everyone, not just the citizens of their own state. Depending on your home state, a DUI criminal conviction or DMV license suspension can have different effects on your out-of-state license. Some states may take action against your license if California revokes or suspends your driving privileges, while others will only take action if there has been a criminal conviction for DUI. In some states, you may be penalized by the local licensing authority and be treated as if you received the DUI in that state. In other states, you may only be punished if they feel that California DUI law is significantly same or similar to their local statutes.
The ILDC is currently being phased out and being replaced with the Drivers License Agreement (DLA), which is stricter in making sure punishments are uniformly meted out by the individual state DMVs. One of the key differences is that under the IDLC, a state isn’t required to honor a drivers license suspension or DUI conviction issued by another state if that other that state does not have a similar DUI statute. Under the DLA, the first state would have to honor the conviction or suspension.
Regardless of what actions the California DMV takes against someone’s driving privileges, out-of-state drivers still have to deal with the criminal case of DUI against them. The California Superior Court takes actions that are completely separate from the DMV. If you are an out-of-state driver who does not reside in California, a licensed California attorney may be able to appear in court on your behalf and save you from having to come to California for court appearances. Penal Code § 977(a) allows people charged with misdemeanors in California to waive their personal appearance and have an attorney appear for them.
Because of the unique situation faced by out-of-state drives or California residents who still have out-of-state licenses and who are charged with DUI, it is imperative you have an experienced, aggressive lawyer on your side. Attorney Michael Kraut was a deputy district attorney for over 14 years who handles DUI cases for license-holders from all states, and even those from foreign countries. Mr. Kraut will aggressively defend your case and leave no stone unturned to ensure you have the best defense possible. Contact the top rated Los Angeles DUI attorney Michael Kraut 24/7 at (323) 464-6453 to set up a free consultation.