OUT OF STATE DRIVERS

California police will not confiscate out-of-state driver’s licenses of those charged with driving under the influence (DUI).  However, these drivers are still issued a notice of suspension of their right to drive in the state of California.  The DUI process for out-of-state drivers is basically the same as it is for instate drivers; both a DMV case and a court case will be triggered.  As with California driver’s license holders, the driver has ten (10) days to request a hearing with the California Department of Motor Vehicles (DMV) in order to contest the suspension.  While many out-of-state drivers may not be worried about any action taken by the California DMV, it is important to realize that the California DMV usually notifies the driver's home state of the arrest and of any suspension.  The out-of-state driver’s home state then may also suspend the driver’s driving privileges as a result of the DUI charge. 

The Interstate Drivers License Compact

Most states, including California, belong to what is known as the "Interstate Drivers License Compact," which is an agreement between states to share information about drivers and any traffic citations they receive.  Upon learning of the California DUI offense, the driver’s home state may very well treat the DUI offense as if it were committed in the home state, by suspending the driver’s driving privileges, imposing fines, etc.  Furthermore, some home states may choose to enhance the penalties that are imposed by California, and even require the driver to pay fines to them as well.  All states belong to the Drivers License Compact except for Michigan, Wisconsin, Georgia, Tennessee and Massachusetts.

It is also important to note that not only are out-of-state drivers subject to penalties imposed by the California DMV, but they are also subject to penalties that may be imposed by California courts as a result of the DUI charge.  This means that California courts may even sentence out-of-state drivers to jail.  While some California courts may agree to waive incarceration in a California jail, others will insist on it. 

Overall, out-of-state drivers charged with DUI in California face tremendous consequences that can have a big impact both personally and financially.  Therefore, in order to help minimize the consequences, it is critical for out-of-state drivers to contact as soon as possible a knowledgeable Orange County DUI lawyer who has experience in handling such cases.  At the Orange County DUI Defense Group, we have knowledge and experience representing both out-of-state and instate drivers who have been arrested for drunk driving. 

We offer free Orange County DUI evaluations.  Contact us today for yours!