Pasadena Out Of State DUI
Many of the drivers on the road in the Pasadena area have driver's licenses from states other than California. As a result, Pasadena Out-of-State DUI arrests and charges frequently occur and are handled uniquely by the California DMV in terms of how they treat license suspensions. California drivers and out-of-state drivers are typically treated similarly by the court system, and those without California driver's licenses follow the same Pasadena DUI Process as licensed California drivers in terms of court proceedings and potential sentences. The real differences occur in the DMV Administrative Hearing portion of the DUI Process, in which the California Department of Motor Vehicles can restrict and suspend driving privileges independent of any court action.
There may be many reasons that someone is driving in Pasadena without a California license. They may be travelling in the area for work or leisure, or they may have relocated and have not gotten around to changing their license. Regardless, for those out-of-state drivers who are arrested for driving with a blood-alcohol level of 0.08 percent or above, or for those who refuse chemical testing, the arresting officer will provide a notice of an impending license suspension thirty days after the date of arrest.
At this point, it is the driver's (or their attorney's) responsibility to request an Administrative Per Se DMV hearing to challenge the suspension. A driver has ten (10) days to request this hearing and if they miss the deadline, they are unable to challenge their suspension. The hearing is held by a Hearing Officer from the Department of Motor Vehicles who will determine if the suspension is justified. The Administrative Per Se hearing is discussed in great detail in DMV Administrative Hearing section.
It may seem strange for someone with an out-of-state license to have to interact with the California DMV to avoid a license suspension. This is the case because California, along with 44 other states, is a party to the Interstate Driver License Compact. The only states not part of this Compact are Georgia, Massachusetts, Michigan, Tennessee and Wisconsin. Under the Compact, a suspension by the California DMV will be communicated to the home state of the driver, who will take action against any driving privileges.
The actions that another state's licensing agency may take can vary depending on the state and the level of action taken by California. Some states will act if California suspends or revokes driving privileges, while others may wait to see if there is a court conviction.
Regardless of what another state's driver license authority may do, it will still be necessary to pay a reinstatement fee to the California DMV and show proof of supplemental SR-22 insurance in order to restore driving privileges.
The Interstate Driver License Compact is in the process of being replaced by the stricter Driver License Agreement ("DLA"). Under the DLA, a home state must honor a DUI conviction or license suspension that occurs in a separate state and take uniform actions. This would ensure that similar license revocations and suspensions are being enforced through all member states. While there are currently only three states participating in the DLA, Arkansas, Connecticut and Massachusetts, it is expected that the DLA will eventually include all state in the U.S.
No matter what action the California DMV may take, an out-of-state driver facing DUI charges in Pasadena would still have to deal with the criminal case, which can involve numerous court appearances and sentences requiring the fulfillment of different actions. In California, an attorney is allowed to appear in court on their client's behalf for most misdemeanor cases under California Penal Code Section 977(a) PC, which would allow an out-of-state driver charged with Pasadena DUI to stay at home and not travel into town for court appearances. Additionally, an effective Pasadena DUI attorney can convince a prosecutor and judge to allow an out-of-state defendant to complete required alcohol classes, and any other sentence requirements, online or in their home state.
Pasadena DUI Attorney Michael Kraut has extensive experience in handling DUI charges and license suspension for out-of-state defendants. Mr. Kraut understands the immense stress that having to deal with criminal charges in another state can cause, and is able to make all court appearances and complete DMV hearings on behalf of his clients. Mr. Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience, which included serving as a Senior Trial Prosecutor at the Pasadena Courthouse. Mr. Kraut is highly respected by prosecutors and law enforcement officials alike and regarded as a fierce advocate for his clients.
For more information about Pasadena out-of-state DUI charges, and to schedule your free consultation, contact Pasadena DUI Attorney Michael Kraut at the Kraut Law Group located at 790 East Colorado Boulevard, 9th Floor, Pasadena, CA 91101. Mr. Kraut can be reached 24/7 at 888-334-6344 or 626-345-1899.