If you drive in California, you can be charged with this crime.
In California, it is against the law to drive under the influence of alcohol and/or drugs. The crime of DUI carries with it serious penalties, including a license suspension, possible jail time, mandatory alcohol education classes, and fines and fees. But what happens if you get a DUI when you are just visiting the state?
There are tons of reasons to come to California, from doing business in one of the state’s economic hubs to visiting our beaches, parks, or amusement parks. But if you drive under the influence in California, you can still be arrested and charged with a crime. As a DUI defense lawyer in Anaheim, CA can explain, California’s criminal laws apply equally to both residents and non-residents.
California prosecutors may charge a DUI in one of two ways. First, you may get a DUI if your blood alcohol content (BAC) is above the legal limit of .08% (or lower, for some drivers). Second, if your ability to drive was impaired by the use of alcohol and/or drugs, then you can be charged with a DUI. These laws apply to everyone who drives in California.
So
what happens if you are charged with a DUI when visiting California?
In most cases, when you are released from police custody after being
arrested, a law enforcement officer will confiscate your California
drivers’ license and issue you a temporary license that can be used
for 30 days (along with a notice that you can contest the suspension
with the Department of Motor Vehicles). However, if you don’t have
a California drivers’ license because you are here from somewhere
else, the police cannot confiscate your out-of-state drivers’
license. Instead, the law enforcement officer will notify you that
your privilege to drive in California has been suspended for a period
of 30 days.
This may seem like you’re getting off the hook because your license wasn’t confiscated — but for most people, you will still face consequences in your home state. 45 of the 50 states (other than Georgia, Massachusetts, Michigan, Tennessee and Wisconsin) belong to the Interstate Driver’s License Compact. If you live in one of the majority of states that has entered into this agreement, your state will be notified of the action against you in California. Depending on your state laws, you may then face a license suspension at home.
The DUI process is otherwise the same for out-of-state drivers as for California drivers — except that you may have to travel back to California to deal with the charges against you. However, if you are charged with a misdemeanor DUI, your DUI defense lawyer in Anaheim, CA can represent you in court proceedings. This may allow you to remain in your home state without traveling to California to handle the case.
If you have been charged with a California DUI, whether you live in the state or somewhere else, know that it is a serious matter that can impact your right to drive and even your freedom. At the Chambers Law Firm, we represent Californians and out of state visitors who have been charged with DUIs. We will zealously defend you against these charges. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a DUI defense lawyer in Anaheim, CA.
