It can be difficult to handle a charge for driving under the influence (DUI), especially if you were not driving in your home state. You can use this article to find out what happens if you live in another state but get a DUI in California.
Review your legal options in this situation with the team at the Simmrin Law Group. Go over the outcomes of a criminal trial and focus on building a strong defense by calling us at (310) 997-4688.
Immediate Results of a California DUI Arrest
Out-of-state drivers who are charged with a DUI in California will face some immediate repercussions. A law enforcement officer will likely notify you that in 30 days your driving privileges in California will be revoked. This notice should be given to you in written form.
The arresting officer will also inform the California Department of Motor Vehicles (DMV) about your DUI charges. The DMV will automatically suspend your driving privileges in California 30 days after your arrest, unless you request a DMV hearing.
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Impact of a DMV Suspension for Out-of-State Drivers
You may be willing to accept the loss of your ability to drive in California after a DUI arrest. However, your license suspension will likely not be contained to California. Most states in the country are part of the Interstate Driver’s License Compact (IDLC).
The IDLC requires states to share information with one another about a driver’s behavior. This means that your state will likely hear about your DUI arrest and they can then take steps to suspend your license, even if you are out-of-state.
States handle DUI arrests in other locations in different ways. Depending upon the legislation in your state, your license may be suspended if:
- The California DMV suspends your license
- You are convicted in a criminal court for a DUI
Note that Georgia, Wisconsin, Tennessee, Massachusetts, and Michigan are not part of the IDLC. However, their DMV systems may still choose to suspend your driving privileges for an out-of-state DUI.
Handling a California DMV Hearing
You can get local, professional help handling a California DMV hearing. Working with a criminal defense lawyer in Los Angeles can help you resolve this hearing successfully. You have 10 days following your arrest to request this hearing. Without the hearing, your driving rights will be suspended automatically.
Note that your DMV hearing can often be conducted over the phone. This means that you may not even have to leave your home state to resolve this issue. Call (310) 997-4688 to learn more about your options to handle a DMV hearing in California.
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Criminal Charges for Out-of-State DUIs
Out-of-state drivers can also face criminal charges for a DUI in California. California uses many different laws to restrict drunk driving. You could be arrested if you are:
- Over 21 with a blood alcohol content (BAC) over 0.08%
- Under 21 with a BAC over 0.01%
- A commercial driver with a BAC over 0.04%
Additionally, drivers aren’t allowed to drive under the influence of drugs in California. You can be tried and convicted of a DUI in California even if you do not live in the state. If convicted, you will have to complete any penalties handed down by the court. You may face:
- Jail time
- A license restriction
- A DUI treatment program
Your driving privileges can be restricted in both California and your home state after a DUI conviction.
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DUI School and Out-of-State Drivers in California
The courts in California often require drivers to complete a DUI driving school after a conviction. Completion of this course is often a term of DUI probation. Attending the program can be difficult if you don’t live in California.
You may be able to complete a 1650 waiver that will allow you to complete a DUI school in your own state. Note that, if your 1650 waiver is approved, you will not be able to operate a vehicle in California for three years. You can only use the 1650 waiver once in your life.
Get Legal Help with an Out-of-State DUI in California
You can face criminal charges if you live in another state but get a DUI in California. Take steps to build a defense in this situation by contacting the Simmrin Law Group. Our professional DUI lawyers in Los Angeles understand California’s legal codes and we’re here to help you. Call us at (310) 997-4688 or complete our online contact form to get started.
We offer a FREE consultation to out-of-state drivers accused of a DUI, so reach out to us now.