If you are an out-of-state driver who has been arrested on suspicion of DUI in California, you may have questions about what will happen next. What will happen to your driver’s license? Will you have to go to court in California? What if you have to go back home before then? Should you hire an attorney? In order to alleviate some of your stress, we have put together a brief overview of how out-of-state DUIs in California work and what you can expect.
What Happens After an Out-of-State Driver is Arrested for DUI?
California has some of the toughest DUI laws in the country, which are applied to both in-state and out-of-state drivers equally. When an in-state driver is pulled over, the officer will take away their license and provide a temporary license until their suspension takes effect. However, if you are an out-of-state driver, a police officer does not have the jurisdiction to confiscate your driver’s license. Even if you live in California but still have a driver’s license from another state, an officer does not have the authority to confiscate your license. Instead, they will give you an Order of Suspension, a document which informs you that your right to drive in California will be revoked in 30 days.
After you receive this order, you will only have 10 days to schedule a hearing with the California DMV to contest the suspension. If you fail to do so, your driving privileges will be revoked. If your state is party to the Interstate Drivers’ License Compact (all states except GA, MA, MI, TN, and WI), the DMV in California will notify the DMV in your home state of your suspension, and you may be subject to DMV penalties in your home state as well. In order to possibly avoid losing your driving privileges in your home state, it is urgent that you hire an experienced attorney to fight your charges.
The California DMV DUI Hearing
Requesting a DMV hearing postpones your license suspension, which will not take effect unless you do not prevail at your hearing. One of the biggest questions people ask is whether they have to be present at this hearing. After all, if you were in California on vacation, it is likely that you may be unable to stay additional weeks to wait for a hearing. The good news is that you can have your attorney appear at your hearing on your behalf, or the hearing may even take place over the phone. During the hearing, the arresting officer will attempt to prove three things: that he or she reasonably believed that you were driving under the influence, that you were lawfully arrested, and that your BAC was at or above .08% at the time that you were driving. A good attorney knows how to challenge evidence in pursuit of a reduction or dismissal of charges, protecting your right to drive both in California and at home. Without legal representation, it can be difficult to prevail.
Orange County Attorneys Committed to Protecting Your Rights
If you are an out-of-state driver who has been accused of drunk driving in California, contact the Law Offices of Virginia L. Landry, Inc. for immediate help. Our Orange County DUI lawyer Virginia L. Landry is a Board Certified Expert in DUI Defense and has achieved a perfect 10.0 Rating by Avvo. We’re here to answer your questions and protect your driving privileges!
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