A skilled DUI lawyer can help you navigate the California process if you have been charged with a DUI as an out-of-state driver.
With the holidays fast approaching, California will soon see an influx of tourists from other states. Whether you’re taking a vacation or simply visiting family, if you hold a driver’s license from another state, you should be aware of how California’s DUI strict laws will affect you if you are caught driving under the influence in California.
As with other crimes, if you are caught driving under the influence in California when you are visiting from another state, you will be subjected to the same consequences as Californians. It may end up being more challenging for out-of-state drivers as they may have to travel back to California to attend court hearings and even trial. Read on to learn about the impact of getting a California DUI when you’re visiting from elsewhere from a DUI lawyer in Irvine, CA.
A California DUI Arrest
One of the major differences between the arrest of a California driver for a DUI compared to an out-of-state driver comes during the arrest. California law prohibits driving with a blood alcohol content (BAC) of .08% or higher (the BAC is lower if you are under the age of 21, on DUI probation or driving a commercial vehicle). If you are stopped for driving under the influence in California, you may be arrested. When a California resident is arrested for driving under the influence of alcohol or drugs, the police officer usually takes their license and provides them with a temporary license to be used until the California DMV suspends their license (which will happen automatically unless the driver requests a hearing. But for out-of-state drivers, the police do not seize your license; they do not have the authority to take a license that was not issued by the state of California. Instead of taking your license, the police will give you an Order of Suspension. This will revoke your ability to drive in California for a period of thirty days.
After you have been given this order, you have 10 days to request a hearing with the California DMV — just like California drivers. If you do not request this hearing, your right to drive in California will be revoked automatically. When your driving rights in California are suspended, it will likely trigger penalties in your home state as well. Under the Interstate Drivers’ License Compact, California can notify your home state of the suspension — and then your state may decide to suspend your license. All states except Georgia, Massachusetts, Michigan, Tennessee and Wisconsin belong to this compact. If you hire an experienced DUI lawyer in Irvine, CA, you may be able to avoid the imposition of some of these additional penalties in your home state by contesting the administrative suspension in California.
A Hearing Before the DMV
Just like with California drivers, if you request a DMV hearing as an out-of-state driver, your driving privileges will not be automatically revoked. Then if you win at the DMV hearing, there will not be an administrative suspension of your license; a court may later suspend your driving privileges in California if you are convicted of a DUI. If you lose, then your driving privileges in California will be revoked and your home state DMV will likely be notified.
If you are in California for a short visit, your DUI lawyer in Irvine, CA can attend the hearing on your behalf. At the hearing, the officer will try to prove that he reasonably believed that you were driving under the influence, that you were lawfully arrested and that your blood alcohol content (BAC) was at .08 percent or higher while you were driving. If the DMV hearing officer finds that the state does not have evidence of these factors, then the automatic suspension will not go forward.
The California DUI Criminal Process
Regardless of the outcome of the DMV hearing, the next step is attempting to negotiate a reduction of the DUI charges or an outright dismissal. An experienced DUI lawyer in Irvine, CA can handle these negotiations with the prosecutor to get you the best possible deal for your charges. If no deal can be reached, then the case will proceed to trial, where your lawyer will present evidence and question witnesses to demonstrate to the judge or jury that you were not actually driving under the influence.
If you are visiting California this holiday season, we urge you to never drink and drive. However, if you are charged with a DUI, you will need the help of a top-notch DUI lawyer in Irvine, CA.
Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation. We will fight for your rights and will defend you on all California DUI charges.
