California DUI Laws & Out of State Drivers
Ventura DUI Defense Lawyers
Are you an out of state driver facing allegations of drunk driving in Ventura? You may be subject to California DUI penalties and legal consequences from your home state. Our team of DUI defense lawyers can help you avoid the inconvenience of an out of state DUI conviction. We have more than 50 years of legal experience, are passionate about criminal defense, and always provide our clients with the personalized care and attention to detail that they deserve.
DUI Arrests and Out of State Drivers
Even out of state drivers are subject to California DUI laws. According to California V C § 23152, it is unlawful to operate a motor vehicle in California with a BAC that equals or exceeds .08% - even if your driver's license is from another state. In California, law enforcement issues a temporary driver's license after DUI arrests. After the temporary license expires, the suspect's driver's license will be automatically suspended for 30 days. If are not from California, law enforcement will notify you that your privilege to drive will be suspended in 30 days, unless you defend your driving privilege in a DMV hearing.
After an arrest, you only have ten days to schedule an administrative license hearing with the DMV. If you are an out of state driver and want to avoid a mandatory driver's license suspension, you must schedule a California DMV hearing to discuss the status of your license. During the hearing, a Ventura DUI defense lawyer can help you avoid a mandatory suspension. If you fail to request a hearing within ten days of your arrest, your license will be suspended on the 30th day following the arrest. Learn more about DMV hearings to see why you need a Ventura DUI lawyer by your side.
Will the DMV suspend my driving privilege?
In order to suspend your driving privilege in California, the arresting officer must be able to demonstrate that you drove with a BAC of .08% or more; that you were arrested lawfully; and that the officer had reason to believe that you were under the influence of alcohol. Without these elements, the DMV cannot suspend your license. During the DMV hearing, a Ventura DUI lawyer from our firm can help you avoid a suspension. Without an attorney, it may be difficult to establish your rights.
Can a California DUI affect my home state driver's license?
The Interstate Driver License Compact (IDLC) allows states within the United States to communicate with each other regarding traffic violations and license suspensions. In other words: a driver's license suspension in California could cost your driving privilege in your home state as well. In short, the IDLC allows states to inform other motor vehicle departments of your traffic offenses – no matter where you are in the country.
The IDLC allows states to pass along information regarding DUI arrests, license suspension, and speeding tickets. Less significant offenses, such as tinted windows or parking infractions are usually not shared through the IDLC. Additionally, the driver's state cannot punish him/her for an out of state offense if the home state does not have a similar statute. For example, some states have "careless driving" statutes, whereas others do not.
Some states are not included in the IDLC, such as Nevada, Tennessee, Michigan, Massachusetts, Wisconsin, and Georgia. The IDLC legislation was repealed by Nevada in 2007. However, the state often conforms to the rules of the IDLC anyway. California is a member of the compact. Thus, a DUI arrest in Ventura could result in additional, out of state legal penalties as well. IDLC allows certain states, such as Main and Florida, to exchange drivers' information with Quebec as well.
The California DUI Process
Regardless of where your driver's license originated, a DUI arrest in California means that you will be subject to California DUI court proceedings. Court proceedings are completely separate from the DMV hearing. Unlike the DMV hearing, the court process is designed to determine whether or not you actually committed DUI. If you live out of state, a Ventura DUI defense lawyer may be able to appear in the California court on your behalf.
A skilled attorney can help you obtain evidence, deal with court proceedings, and negotiate with prosecutors. Unlike a traditional DUI, out of state DUIs are not held in the driver's residential state and can be difficult to attend. If your case moves to trial, the judge may determine that you must attend the court proceedings. A knowledgeable DUI defense attorney can help you understand the DUI process and, if necessary, attend court proceedings.
Without an attorney, you may become overwhelmed and confused by the court process ahead. Every state has different DUI laws. After an out of state DUI arrest, it is important to find a lawyer that can direct you through every step of your DUI. Our team can help you understand your legal rights and options – even if you feel like the evidence isn't in your favor.