Even if you don’t live in California, getting a DUI here can result in serious consequences.
Southern California is a fabulous place for a vacation, with our temperate weather, easy access to beaches, Hollywood attractions, natural beauty and theme parks. But if you plan to celebrate your vacation with a few drinks while visiting California, you should know that our state has some of the toughest DUI laws in the country — and that they’re applied to both California residents and out-of-state visitors equally.
The Arrest
When a California resident is arrested for driving under the influence of alcohol or drugs, the arresting officer will typically seize their license and provide them with a temporary license to be used until the California DMV issues a formal suspension (unless the driver contests the suspension at a DMV hearing). For out-of-state drivers, the police do not have the authority to confiscate a driver’s license issued outside of the state of California. This is true whether you live in California or elsewhere; if you have an out-of-state driver’s license, the police cannot take the license from you. Instead, the officer will provide you with an Order of Suspension. This document gives you notice that your ability to drive in California will be revoked in 30 days.
After being given an Order of Suspension, you will ave 10 days to contest the suspension by requesting a hearing with the California DMV. If you do not request a hearing, then your right to drive in California will automatically be revoked. For any driver who lives in a state that is a party to the Interstate Drivers’ License Compact (all states except Georgia, Massachusetts, Michigan, Tennessee and Wisconsin), this suspension will likely result in penalties in your home state as well. The California DMV will notify the driver’s license authority in your state, which may decide to issue additional penalties. That is why it is so critical to hire an experienced Long Beach DUI lawyer if you’ve been charged with a DUI in California.
The DMV Hearing
If you request a DMV hearing, your license will not be automatically suspended before the criminal charges are resolved. If you win at the DMV hearing, there will not be an administrative suspension of your license. If you lose, then your driving privileges in California will be revoked and your home state DMV will be notified.
For most out-of-state visitors, the primary concern with requesting a DMV hearing is that they do not want to stay in California to attend the hearing. The good news is that your Long Beach DUI lawyer can attend the hearing on your behalf. You could also potentially attend the hearing via telephone. 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. Your attorney can contest these facts, giving you a better chance of prevailing at this stage.
The Criminal Proceedings
After the DMV hearing, your Long Beach DUI lawyer will likely attempt to negotiate a reduction or dismissal of the DUI charges. An experienced attorney is skilled at handling these delicate negotiations, and can present both factual and legal defenses to the charge to convince the prosecutor that you have a strong case. If you are unable to achieve a deal, then your attorney may recommend taking the case to trial. There, your attorney will present evidence and question witnesses to try to prove to the judge or jury that you were not driving under the influence of alcohol or drugs.
Getting a DUI while visiting California can have a serious impact on your ability to drive at home. It can also lead to potential jail time, mandatory DUI classes, fines, probation and community service. Having a skilled Long Beach DUI lawyer on your side can be the key to protecting your legal rights. If you have been arrested for a California DUI, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com.
