Arrest for and charges of driving under the influence are burdensome and frustrating under any circumstances, but the process becomes doubly so when a person faces these charges in a state in he or she does not live. California residents who receive a DUI out-of-state and California non-residents who receive a DUI in-state should take note of the importance of hiring local counsel to assist with these charges.
California DUI Laws and the Non-California Resident: Getting Back on the Plane
An arrest and charge of DUI in California can be confusing and inconvenient for non-California residents. When a California resident is arrested for DUI, the police are required to confiscate the driver's license under the "stop and snatch" law.
However, California police lack the authority to take out-of-state drivers' licenses; those are property of the issuing state. When arresting out-of-state residents for suspicion of DUI, police must allow out-of-state residents to keep their drivers' licenses and give them a Notice of Suspension/Temporary Driver's License Endorsement.
Even though officers in California lack the power to confiscate out-of-state driver's licenses, many still do so. This creates problems for travelers who need to board an airplane and do not have another form of picture identification with them. Consulting with a California attorney immediately may help in solving this problem.
California DUI Laws and the Non-California Resident: Why You Need a California Attorney
Out-of-state residents facing DUI charges in California should understand the basic concepts surrounding their DUI charges and the importance of hiring an attorney knowledgeable in California drunk driving laws.
Timeline to Request a California DUI Administrative Per Se Hearing
Drivers charged with DUI in California need to be concerned with two different agencies and the timelines that govern actions with each. California Superior Courts deal with the DUI criminal charges and the California Department of Motor Vehicles suspends driving privileges in administrative actions independent of the criminal proceedings. Individuals facing license suspension in California have the right to what's known as an Administrative Per Se hearing to review the propriety of the suspension at the California DMV. Individuals must request the hearing within 10 days or else they lose this opportunity to prevent automatic loss of California driving privileges. Consulting a California attorney is vital during this period.
While DUI suspects need to request the hearing within ten days of their arrest, the hearing itself often does not occur until 30 or more days after the date of arrest. Luckily, under California law, out-of-state residents need not be present for the APS hearing; they may be represented by California legal counsel at the hearing.
California's Alcohol Class Requirement
The state of California also requires out-of-state drivers who receive DUI convictions within the state to complete an alcohol class. The importance of making sure these requirements are met is vital because it could affect drivers' eligibility for licenses in other states. Obtaining the assistance of a California lawyer is vital.
Out-of-State DUI Arrests and the California Resident
California residents arrested on suspicion of or convicted of DUI in other states should understand the effect that it will have on their driving privileges in California. Due to an interstate agreement, known as the Driver's License Compact, most states will report a California resident's DUI conviction to California. Drivers then face the same sanctions from the California DMV just as if they received the conviction in California. However, seeking the help of an attorney in California may avoid or mitigate the penalties of an out-of-state DUI.
Whether you are a California resident facing a DUI charge out of state, or a nonresident in California facing a DUI in-state, hiring local California counsel cannot be stressed enough. The direct and indirect consequences of a DUI are serious.
