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Los Angeles Out of State DUI Defense Attorneys

Out of State DUI

A DUI arrest can have serious consequences. These consequences are compounded, however, if you live in another state. What happens in one state affects what happens in another, regardless of your state of residence. As such, if you are not a California resident but are arrested for DUI in California, you will be subject to California DUI laws and procedures, as well as being subject to any actions taken by your home state. This includes both criminal court proceedings and Department of Motor-Vehicle (DMV) actions. With this in mind, it would be highly beneficial to consult with an experienced DUI defense attorney who is well versed in California's DUI laws.

Out of State DUI Criminal Court Hearings

If you, as a non-California resident, are arrested for a DUI in this state, there will be a court hearing, where the evidence against you is presented. If, after putting forth a strong defense, you are successful in having your charges reduced or dropped, you may not face any additional punitive action in your home state.

If the presented evidence proves that you had a blood alcohol concentration (BAC) of 0.08 or more, or 0.01 or more if underage, you will be convicted and sentenced in California. Furthermore, you will be required to obey all orders of the court, including the successful completion of a DUI intervention program and driver license suspension. Any prior DUI convictions, in any state, will be taken in account during your sentencing.

Driver's License vs. Driving Privilege

A driver's license is an official document, or card in this case, that not only provides a form of identification, but proves to your state government that you have an acceptable understanding of traffic laws and can adequately and lawfully operate a motor-vehicle. This license gives you the authority to legally drive in your home state.

When you travel to another state, you are not required to obtain a driver's license unless you are planning to relocate to that state for an extended period of time. Your home state driver's license gives you the “privilege” to drive in another state. Although a driving privilege is not tangible, like a driver's license, it is still subject to revocation and/or suspension. In the case of a DUI conviction, both the driving privilege and the home state driver's license may be affected.

Nationwide Traffic Violations

California is a member of the interstate Driver License Compact (DLC) and Nonresident Violator Compact (NRVC), as are 44 other states. These compacts are agreements between states that, on the one hand, honor out-of-state driver's licenses and, on the other, make a person's driving record public between state departments of motor-vehicles. The reporting of out-of-state traffic violations and other driving offenses to the home state is also required. For this reason, a DUI conviction in California may result in punitive actions in your home state.

Out of State DUI Administrative License Suspension

With an out of state DUI arrest, the arresting state does not have the authority to revoke or suspend a driver's license issued in your home state, but it does have the authority to revoke or suspend your driving privilege in that state. Your home state, however, may choose to take a seperate action against your driver's license.

If an out of state licensee is arrested for DUI in California, he/she has the right to request a DMV hearing to contest the suspension, but must do so within 10 days of the arrest. If you fail to do so in the allotted time or if the suspension is upheld, it will likely affect your home state driver's license for an equal length of time. If your California driving privilege is revoked for 6 months, any action your home state takes against your driver's license will be in effect for 6 months unless you home state takes a separate independent action.

Avoiding an Out-of-State DUI Conviction

The DUI laws in your own state may leave you confused and overwhelmed, so being subjected to the DUI laws of another state may leave your mind reeling. If you have been arrested for a DUI in Southern California and it is not your home state, retaining the services of one of the skilled LA DUI defense attorneys at Takakjian & Sitkoff will present a strong defense towards having the charges reduced or dismissed in order to minimize or prevent any punitive actions against you in your home state. Our attorneys have experience as former DUI prosecutors and advisors to local law enforcement officials on the correct procedures for DUI arrests and prosecution in California. To learn more about protecting your legal rights, contact us today for a consultation.

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