Suspension for out of State Drivers in LA DUI

Driver with a bottle of alcohol

When a driver is arrested on suspicion of driving under the influence, he or she will face an immediate driver’s license suspension as well as criminal charges. The driver’s license suspension would be issued by the California Department of Motor Vehicles. This can often be confusing for drivers who do not live in California or who otherwise do not have a California driver’s license. However, a California DMV suspension can trigger consequences for a driver in his or her home state.

Out of State License Taken Away

After a driver is arrested for DUI, the officer will generally seize his or her California driver’s license and inform the driver of a license suspension that would go into effect 30 days later. For drivers who have a license from another state, the officer is technically not allowed to seize this license. In many cases, the officer will take it anyway and it may be necessary to have the license released to the driver.

The California DMV will be notified of the arrest and will issue a suspension automatically unless the driver requests an administrative hearing within ten days to challenge the suspension. While the California DMV cannot suspend a license issued by another state, the DMV can suspend the driver’s ability to lawfully drive in California for a period of time. In addition, because California is a member of the Driver’s License Agreement and Interstate Compact, any license suspension issued by California will be communicated to a national DMV database. The driver’s home state generally will take action and issue its own suspension once the California action has been recognized.

10 Days to Request Administrative Hearing

The driver can contest the action and request an Administrative Per Se hearing that would be held by a hearing officer with the DMV. This hearing officer is a DMV employee who is neither a judge nor attorney. The hearing officer will ultimately determine whether the suspension should be imposed or set aside.

Regardless of what happens in the administrative hearing, the driver may also face a license suspension if he or she is convicted in court of a DUI offense. This court conviction is also communicated to the DMV, which would then issue a suspension and enter the suspension on the national database so the driver’s home state could take reciprocal action.

Once their license has been suspended, many out of state drivers want to know if they are eligible to get a restricted license. For those living in California, it would be necessary to first apply for a California driver’s license in order to get restricted driving privileges. Drivers who move to California are required by law to obtain California driver’s licenses.

Steps to Clear the California Suspension

For drivers who live out of state, it may be necessary to take further steps to clear the California suspension. These drivers will not be able to complete an instate alcohol education program which is required by the California DMV before driving privileges can be reinstated. In addition, drivers convicted in Los Angeles County generally have to have an Ignition Interlock Device (“IID”) installed in their vehicle under the DMV IID Pilot Program. Drivers who live out of state would have to apply for a waiver in order to have these conditions dropped.

If you have been arrested for DUI and have an out of state license, it is very important that you speak with a Los Angeles DUI Lawyer as soon as possible. Lawyer Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who understands this often confusing area of the law and assists his clients in handling license issues that may arise.

For more information about Los Angeles DUI suspensions for out of state drivers, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

Share |
Client Reviews
He gave me the peace of mind that my DUI case was going to be resolved. He fought for what it was needed and helped me by answering all my questions. Mike is not an average attorney. He’s a very experienced, honest and straightforward person that is there for you!
I hired Attorney Mike Kraut and I'm am so happy and grateful that I did! I was arrested for a DUI because my BAC level was over the .08 limit. I ended up getting a wet and reckless instead of a DUI. I still have to do some classes and I'm on probation, but I do not have a DUI on my record. If you have a DUI hire Attorney Kraut, he definitely knows his stuff!
Avvo User
There aren't enough positive words to write about Mike, but let me be clear that this is the only lawyer worth hiring in Los Angeles. Mike is professional, caring, and an absolute champion at winning in court.
Kyle, Avvo User
Mike Kraut is not a typical lawyer. He is a straightforward person with a true heart and a sympathetic ear. He is also smart and connected and he cares about the people who seek out his help. He got my son out of a jam. He did it quickly and painlessly. I recommend Mike Kraut to anyone that needs his services.
Thank you Mike for helping my son.
Mark, Avvo User
Michael Kraut is a rock star lawyer. I was really happy and satisfied with the results I received from Michael and his team. A few months back I was being accused of a serious felony. Mike gave me sound legal advice and worked diligently to clear my name. Mike was great at always keeping me updated and returning calls. Great, great lawyer I cant say enough about this man!
Eric, Google User
How can I express how relieved and pleased I am with Michael's professional abilities to have my Felony brought down to a misdameanor to a possible dismissal with deferment. With his care my life has been turned around and cannot say how helpful he's been not only in my case but life. He, himself has changed how I view criminal lawyers. Thank you so much Michael!
Owen, Google User