If you recently saw those flashing police car lights behind your car while traveling through California, but you live out of state, you should be worried if you’ve been drinking or taking drugs. Getting charged with DUI in California is no joke. Here’s what you should know if you’re an out of state driver who is charged with DUI in California.
What to do first
Call Dan Chambers of the Chambers Law Firm to schedule a complimentary initial consultation as soon as you possibly can after your DUI arrest. Dan Chambers is Southern California’s premiere DUI attorney—he has successfully defended many people who have been charged with DUI in California. While you may not live in California, you definitely need a DUI attorney who does because you will have to navigate the California DMV and court system.
Immediate consequences of a California DUI arrest
If you’re found with a blood alcohol concentration (BAC) level of .08% or higher, or if the police officer has deemed you intoxicated because of drug use, he or she will charge you with DUI. The first consequence of this will be that your privilege to drive in California will suspended for 30 days. If you were a California resident, your California driver’s license would be confiscated and replaced with a temporary one that would expire in 30 days.
If the police officer suspends your driving privileges, he or she will immediately notify the California DMV. You will only have 10 days from the date of your arrest to challenge this license suspension. So it’s absolutely essential that you contact Dan Chambers of the Chambers Law Firm to petition the DMV for a hearing to challenge the DMV suspension.
Requesting a DMV administrative hearing
Challenging a DMV suspension must be done within 10 days of your arrest. You and attorney Chambers will submit a formal request for a hearing, which will occur at a California DMV. Out-of-state drivers are afforded this same right to challenge the license suspension because their cases are handled in the same manner as resident DUI cases. When a hearing is requested, the privilege of driving suspension gets postponed pending the outcome of the hearing. So you will not be allowed to drive in California until the outcome your hearing. This hearing may occur months after your arrest.
Deciding against requesting a DMV administrative hearing
Dan Chambers can help you decide whether to request a DMV administrative hearing or not. If you decide not to request one, you will forfeit your right to do so, and your right to drive in California will automatically be suspended starting 30 days after your arrest.
Information about California DMV hearings
Here’s the most salient information you need to know about your California DMV hearing:
- You don’t need to attend the hearing in-person. Attorney Chambers can appear in-person on your behalf, or you can attend the hearing over the phone.
- The arresting officer will have to prove 3 facts to suspend your California driving privilege: he/she reasonably believed you were driving under the influence of drugs or alcohol, you were lawfully arrested, AND your blood alcohol level was at or above .08% when you were driving (for an alcohol DUI)
- The administrative hearing is less formal than a court proceeding, but you still have the right to be represented by an attorney. California DUI defense attorney has successfully challenged many drivers license and privilege suspensions, so hiring him to represent you is always advantageous if you need to avoid suspension.
- If you do happen to lose the hearing, your driving privilege in California will be suspended. The length of time of the suspension varies depending on how many DUI offenses you have had. If it’s your first DUI offense, your license will be suspended for 4 months. After the first 30 days, though, you will have a restricted license, so you will be allowed to drive to and from work and a DUI education program.
What about driving in your home state? The Drivers License Compact
While your driving privilege in California is suspended, your driving privilege in your home state will also most likely be negatively affected. This is because of the Interstate Drivers License Compact (Compact), which stipulates that every driver in the country basically has a single drivers license and a single driving record. As a result, states that belong to this Compact report driving arrests, including DUIs, to each other. So you can expect your home state to take action against your driver’s license if you’re arrested for DUI in California.
The only states that do not participate in this Compact are Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin.
Depending on which state you live in, you can expect various consequences as a result of your DUI arrest. In some states, your license will only be affected if the California DMV suspends your license. In others, only a criminal conviction will affect your home state drivers license. Another possibility is that you’ll face the exact same DMV penalties in your home state as if you had been convicted of the DUI there instead of in California. Or you could only be penalized in your home state has the same or similar DUI statutes as California. To find out exactly what to expect according to the laws in your home state, contact a DUI attorney in your home state for a consultation.
Criminal court proceedings in California
No matter what happens or doesn’t happen at your DMV administrative hearing, you’ll still have to deal with DUI criminal court proceedings. Depending on the circumstances of your case, attorney Dan Chambers may be able to appear on your behalf. Attending the proceedings over the phone isn’t an option.
Misdemeanor and felony charges
If your DUI is a misdemeanor charge and you’ve chosen a California DUI lawyer to represent you, you can waive your right to be present while Attorney Chamber obtains evidence, negotiates with the prosecuting agency, and appears in court on your behalf.
If your DUI is a felony charge, you must be present at court proceedings.
Considering going to trial
If you decide to take your case to trial, the judge will decide whether you need to be present or not. It is advisable to be present, though, because juries are often more likely to issue convictions if they have not met or seen you.
Consequences of the court’s outcome in CA and your home state
If a successful outcome is reached at your court proceedings, and the charges are reduced or dismissed, the affect on your home state drivers license will vary depending on the laws there. More than likely, your home state will impose the same driving restrictions that the California court sets on your driver license.
But if you’re convicted of a California DUI, you will be sentenced here, and your privilege to drive in California will be suspended.
If your home state takes action against your driver’s license as well, the restrictions can’t be lifted until you fulfill all your California DUI obligations. Complete all your probation requirements, such as paying fines and attending a California DUI education program, and you’ll be able to start the process of removing driving restrictions in your home state.
Warning about driving while under a suspension
If you do choose to drive in California while your driving privilege is suspended, you will face additional criminal charges in California. The amounts of fines and required jail time automatically increase with each conviction, and the convictions will all be reported to your home state as a result of the Compact.
What you should know about the DLA
The Compact is now being replaced by the Drivers License Agreement (DLA), which is beginning to impose even tougher regulations on its member-states. This results in even tougher DUI consequences on you as an out-of-state offender.
The most important difference between the Compact and the DLA is that a home state will now have to force an out-of-state license suspension and convictions, even if the home state doesn’t have a similar statute.
No matter what state you’re in when you get arrested for DUI, it’s a very serious situation. If it happens to be in California, make sure you give it the dedicated attention it deserves and hire the best California DUI attorney—Dan Chambers of the Chambers—to give you tailored legal advice and expert representation.
Call 714-760-4088, email dchambers@clfca.com or send an online message via the chat box at the bottom right of this page. Schedule a free initial consultation to speak with Attorney Chambers about your case and get the help you need today. Remember, you only have 10 days after your arrest to challenge your drivers license privilege suspension in California, so it’s essential that you act now.
