Out of State Drivers arrested for DUI in San Diego
California has implemented some the country’s toughest and strictest laws and penalties for those charged for Driving Under the Influence (DUI), and these can be applied equally to persons living within and outside the state of California. In San Diego County (and others as well) DUI is charged under:
* California Vehicle Code VC23152(a) and
* California Vehicle Code 23152(b) and will apply to both in state and out of state drivers.
Because the California State laws will apply in the case, if you currently reside in another state and have been arrested in California for a DUI, it is imperative to call Ross Law Center right away and have our legal defense team explain the DUI process with you and answer all your questions.
Regardless of what state your drivers license was issued in, a California police officer does not have the authority or jurisdiction in most cases to confiscate your drivers license if that license was issued outside the state of California. However, even though the police officer cannot take your license, you will still be receiving an Order of Suspension (Admin Per Se and it is usually pink in color) notifying you that your privilege to drive in California will be suspended in 30 days.
After you receive you Order of Suspension, you will have 10 days from the date of arrest to schedule a hearing with the Department of Transportation to contest and “stay” the suspension of your California driving privileges. At Ross Law Center this will be done for you automatically as part of the full service that you will receive from out law firm. We strongly suggest to all clients to let Ross Law Center do the scheduling of the appointment for you, as there is other important information we need to gather as part of the DMV hearing process. In addition, if the state your license is a state that is party to the Interstate Drivers License Compact, then the DMV of California will inform the DMV or MVD n your state of the arrest. In the event if you are convicted, your “home” state may impose its own DMV/MVD penalties within that state. These repercussions could follow you back to the state that issued you license and you can face repercussions there as well. The severity of the consequences and the impact of dealing with DUI matters across state lines makes in imperative to be proactive and call Ross Law Center for support if you are arrested for DUI. This means that if your license is from another state and you are convicted in California for DUI it can carry serious penalties, which may include for example:
* Jail Time
* Heavy Fines
* Drug and alcohol treatment programs
* Community Service / PWC (for example picking up trash)
* SR22 Insurance
* Installation of Ignition Interlock Device
* Insurance Consequences
* Criminal and arrest record
Frequently Asked Questions Regarding DUI out of State
1. How will a DUI in California affect my license in the state I reside in?
Through an Agreement known as the Interstate Drivers’ License Compact, California has teamed up and is one of 45 states that shares information with other states pertaining to serious driving violations and offenses such as an arrest and conviction for DUI. The only states that currently not a part of IDLC include Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin.
2. If I live outside California and cannot come back for Court Proceedings or my DMV hearing can Ross Law Center help?
In most misdemeanor DUI cases, your attorney will waive your appearance and will be appearing in court on your behalf. This is a tremendous benefit for those who live out of state since there can be several court appearances before a disposition in a clients case is reached. In addition, the attorney can appear either in person or through telephonic hearing on behalf of the client for his/her DMV hearing as well, saving out clients precious time and money in not having to travel back to California for proceedings. It is very important to hire a local California DUI firm, such as Ross Law Center who are knowledgeable in the out of state rules that are involved in the DUI process. If a client is charged for a felony the general rule is that the client must appear at all future court proceedings and be in attendance with his/her lawyer.
3. If I live in another state, how long before my home state takes action regarding my DUI?
The Order of Suspension revokes your privilege to drive in California, however, be aware that your home state will most likely receive information from California regarding the DUI arrest. In most cases your home state will either take immediate action or it may wait pending the results of the criminal court in California.