With Orange County, Los Angeles and San Diego regularly among the top tourist destinations coupled with innumerable business people visiting the Southern California area every day, it’s easy to understand why there are so many out of state drivers on local roadways. If you are such a driver and have been arrested on suspicion of DUI in California, you need to understand your legal rights and obligations.
Immediate Consequences
When a California driver is arrested on suspicion of DUI, the police immediately confiscate the individual’s driver’s license and issue a temporary replacement for 30 days, after which a license suspension will go into effect. However, law enforcement officials in California do not have the jurisdiction to take your out of state license away from you, even if you currently are a California resident who has an out of state license. The police will, however, issue you an Order of Suspension that informs you your privilege to drive in California will be suspended in 30 days. The California DMV will be informed of this fact.
Interstate Drivers’ License Compact
Under this agreement, all states but five share driving arrest information with each other. Consequently, once the California DMV receives notice of your arrest and Order of Suspension, it will forward this information to your state’s DMV. Because the primary principle behind the DLC is “one license, one driving record,” your state will take punitive action as if the offense had occurred in your state. Depending on the state you live in, the sanctions taken may be identical to those California takes, less severe or more severe. The five states that do not participate in the DLC are:
- Georgia
- Massachusetts
- Michigan
- Tennessee
- Wisconsin
Contesting the Charges
Your best approach is to contest the charges, but this must be done on two levels, the California DMV and the California criminal courts. The most immediate concern is the DMV. Once the Order of Suspension is issued, you or your California DUI attorney have only 10 days to request a hearing, or you driver’s license suspension will be automatic. The criminal case, a separate and distinct action from the DMV administrative hearing, proceeds on its own timeline.
Depending on the facts and circumstances of your case, you may be able to avoid personal appearances here if represented by an Orange County DUI lawyer. A positive outcome in California should resolve your problems at home. If, however, you lose your California case, you will need to complete all terms of probation imposed by California before your home state will reissue your license.
