Out of State DUI in California
California is a great state for tourism. Filled with exciting locations like Los Angeles, San Diego and the amusement parks in Orange County, there is plenty to entertain. When visiting any state, remember that the laws apply to everyone, even tourists. If you are stopped in California and found to have a blood alcohol content (BAC) of .08% or more or are intoxicated by drugs, you will be charged with DUI regardless of what state or country you reside in.
How Does a California DUI Affect Out of State Licenses?
After a DUI arrest in California, California residents will have their license taken by police and will be issued a temporary license giving them 30 days until automatic license suspension. If you do not have a California driver's license, you will not lose your license but rather you will lose your right to drive in the State of California after 30 days. This is due to an administrative suspension by the Department of Motor Vehicles (DMV).
You only have these 10 days to file for a DMV hearing request in order to stop the DMV from placing your license under suspension after a DUI arrest. Once the request is placed, the suspension is delayed until your hearing. If you win your hearing, your ability to drive will not be affected at all. A DUI attorney can help you take care of this request as well as represent you in the DMV hearing.
California is a member of the Driver License Compact along with many other states. This compact is a way for states to share records and hold citizens accountable for minor and major traffic violations that occur out of state. For example, if you are a resident of Colorado and get arrested for DUI in California, you cannot avoid punishment and license suspension by leaving the state and returning to Colorado. Because both states are members of the Driver License Compact, you will face license suspension or some form of penalty in Colorado as well.
DUI Penalties for Non-California Residents
The other part of a DUI offense is the criminal charge. A criminal charge cannot be avoided by simply leaving the state. Refusing to return to court will result in a loss of your bail money as well as a warrant being issued for your arrest.
For an out of state DUI charge, an attorney can be quite helpful. Though you may still be required to return to California to appear in court, your attorney may be able to make court appearances on your behalf. A lawyer can also gather evidence and build your defense for you so you do not have to deal with the stress of handling your own case.
Penalties for an out of state 23152 VC or 23153 VC offender are the same as a resident. The only difference is that, if you are sentenced to community service, probation, DUI education or jail time, you cannot serve it close to home. Penalties for California crimes must be served in California. This means that a Colorado resident sentenced to jail for a California DUI will have to return to California to serve that sentence. A lawyer may be able to make special arrangements for you, but the best thing to do is to try and avoid conviction.
In addition, if your license is suspended in your state of residence due to your California DUI, you will not be eligible for reinstatement until the terms of your sentence are fulfilled. Even if the period of suspension is over, you will not be able to get your license back until you have served all jail time and completed all community service and DUI education.
California Out of State DUI Lawyer
When hiring an attorney to represent you in another state, however, it is important that you hire an attorney you can trust. Our attorneys have vast experience in all areas of DUI and criminal defense law. From former police officers to top law schools grads, our attorneys come from diverse backgrounds and have decades of combined experience. If you want a California lawyer that you can count on to work hard for you, look no further.
Don't let an out-of-state DUI conviction ruin your driving ability and affect your life. If you are convicted of a DUI, you may have to return to California to serve community service or jail time. The best way to avoid the harsh penalties of a DUI is to avoid conviction. There are many strong defenses that can be used to fight DUI charges. As long as a reasonable doubt can be established, you can be found ‘not guilty'. If you have been charged with a DUI and live in a different state, call our firm now. We will work hard to make sure that you get the best possible results.