Even if you are arrested out-of-state for DUI, your ability to drive in California may be affected. A seasoned Long Beach DUI attorney can help you navigate the process if you are arrested or convicted of DUI in another state.
What happens in Vegas does not always stay in Vegas…particularly if it involves a DUI offense. If you are arrested for a DUI while out of California, it will likely impact your ability to drive in California.
States’ Agreement to Share Information
California is a member of the Interstate Driver’s License Compact, known as the DLC. Under the DLC, member states share information about driving infractions — including DUI or DWI infractions. If a California resident is caught violating the law in a state that belongs to the DLC, that state is required to report it to California. For DUIs, this means that the person’s California driver’s license would be suspended — even though the offense happened in a completely different state!
A DUI conviction in another state qualifies as a DUI violation under California law if it passes the “equivalency test.” The equivalency test looks at whether the out of state offense is of a “substantially similarly nature” as a California violation. Because California has some of the most strict DUI laws in the country, an offense in another state is almost always “equivalent” to a California DUI. California courts routinely find that an out-of-state offense is of substantially similar nature as a DUI violation under California law.
Practical Implications of the DLC
Because most states in the U.S. have agreed to share information regarding traffic infractions, including DUIs, a conviction for a DUI will likely follow you and have consequences regardless of where it occurred and where you currently reside.
For example, if you were convicted of DUI while in college in New Hampshire and later move to California, this DUI conviction will be on your California record for ten years — just as if it had happened in California. If you are a California resident on vacation in Washington and are arrested for DUI, the case will proceed as usual in Washington, but your California license will be suspended or revoked under the DLC. In both situations, the out-of-state DUI will count as a DUI offense and will remain on the resident’s California record for 10 years.
Being arrested for a DUI in another state can present complex issues. You will be required to defend the criminal charge in that state, likely with the assistance of a local DUI attorney. You will also face consequences in California, including the suspension of your drivers’ license. A skilled Long Beach DUI lawyer can work with you to challenge the suspension, and help you understand the impact of an out-of-state DUI on your record.
If you have been arrested for driving under the influence outside of California, be aware that it can have repercussions at home. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to learn more about how attorney Dan E. Chambers can help you if you have been arrested for an out-of-state DUI.
