Out of State Drivers

Understanding the Impact of California DUI Charges on Out-of-State Drivers

When an out-of-state driver faces a DUI charge in California, the legal implications extend beyond state borders, affecting driving privileges and legal standing in their home state. This article explores the ramifications of such charges under California law and the role of the Driver License Compact (DLC) in managing these situations.

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The Driver License Compact: A Key Player

The Driver License Compact (DLC) is an agreement between states designed to streamline the handling of driving offenses across state lines. California is a member of this compact, which means it shares information about driving violations, including DUIs, with other participating states. The primary goal of the DLC is to ensure that drivers are held accountable for violations committed anywhere within the compact's member states, promoting uniformity in traffic law enforcement.

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Implications for Out-of-State Drivers Charged with DUI in California

For out-of-state drivers charged with DUI in California, the consequences are multifaceted. Firstly, California's DUI laws apply to all drivers on its roads, regardless of their home state. An out-of-state DUI conviction can result in substantial fines, mandatory alcohol education programs, and potential jail time, similar to what a California resident might face.

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Impact on Driving Privileges

One significant consequence of a DUI charge in California for an out-of-state driver is the potential impact on their driving privileges both within California and in their home state. California law stipulates that a DUI conviction may lead to the suspension of driving privileges. This suspension is reported to the Driver License Compact, which in turn informs the driver’s home state. Consequently, the home state may impose additional penalties or suspensions based on the information received from California.

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DMV Hearings and Procedures

Out-of-state drivers charged with DUI in California will receive a pink piece of paper when they are arrested. The arresting officer should not take their out of state driver’s license, but the pink piece of paper is a Temporary California License.  This temporary license will remain valid for 30 days, and if the driver does not do anything their privilege to drive in California will be suspended after the 30 day period ends.  The driver, or their lawyer, will need to request a hearing with the DMV within 10 days of their arrest in order to avoid any interruption of their California driving privileges and potentially impacting their home state driving privileges.  These hearings address the suspension or revocation of the driver’s California driving privileges. It is crucial that an out of state driver request a hearing and avoid an automatic suspension of their driving privileges.  Failing to address these issues can result in additional penalties or complications with the driver’s home state.  ‍

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If the out of state driver fails to request a hearing and/or loses the hearing, then their privilege to drive in California will be suspended or revoked, so their home state license will remain valid in the other 49 states, but not in California. 

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The DMV hearing decision may be used by their home state to initiate an action against their driving privileges in their home state.

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Legal Representation and Strategy

Given the complexities involved in handling a DUI charge across state lines, it is advisable for out-of-state drivers to seek experienced legal representation. An attorney specializing in DUI cases can provide essential guidance through the California legal system and help mitigate potential impacts on driving privileges in both California and the driver’s home state.  A California attorney is often able to attend court hearings on behalf of the out of state driver, so help avoid the expense of returning to California to attend court hearings.  It is also important to understand that if you are able to avoid a DUI conviction in California, your home state may not take action against your driving privileges since you are not convicted of a DUI.  There are differences in state law, so it is important to know what the law for a DUI is in your home state.

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Reporting and Record Maintenance

The Driver License Compact facilitates the exchange of driving records and violation information between states. This means that a DUI conviction in California will be recorded and communicated to the driver’s home state. This exchange can result in a range of consequences, including increased insurance rates, points on the driver’s record, or additional penalties imposed by the home state.