Many people who are arrested for a DUI while visiting California believe they must stay in the state for their court hearings and legal proceedings. However, this is rarely the case. With the right legal representation, you can typically return home while your attorney handles much of the process on your behalf.

In this blog, we’ll explore how a DUI attorney can help you manage your case remotely and address the legal requirements you need to be aware of after an out-of-state DUI arrest. Contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.

How the Interstate Driving Compact Affects Out-of-State DUI Arrests

Almost all U.S. states, including California, participate in the Interstate Driver’s License Compact (IDLC). This agreement between states allows them to share information about driving-related offenses, including DUIs. If you are arrested for a DUI in California, your home state will likely be notified, and the DUI could impact your driving privileges in both states.

For example, if your driving privileges are suspended in California due to a DUI, this suspension could also lead to a suspension of your license in your home state. This is why it’s important to take action to protect your driving privileges in both states, even if you don’t live in California.

Requesting a California DMV Hearing to Protect Your License

If you’re arrested for a DUI in California, the arresting officer will typically confiscate your driver’s license. However, if you’re an out-of-state driver, they cannot physically take your license, but they will notify you that your privilege to drive in California will be revoked in 30 days unless you take action.

To avoid this, you must request a hearing with the California Department of Motor Vehicles (DMV) within ten days of your arrest. Failing to request this hearing can result in the automatic suspension of your driving privileges in California. The good news is that your attorney can request this hearing on your behalf and help you prepare the necessary defense to argue against the suspension.

Working with a California DUI Attorney While Living Out of State

Even after addressing the DMV hearing, you may still face criminal charges for your DUI. However, you do not need to remain in California to manage your case. If your DUI charge is a misdemeanor (as most first-time offenses are), you can waive your right to be present for court appearances, plea negotiations, and other legal proceedings. This means your California DUI attorney can appear in court on your behalf and manage the case while you return home.

How Your Attorney Can Help You Remotely

While it can be nerve-wracking to have legal proceedings handled without being physically present, your attorney will keep you informed every step of the way. Here’s how your DUI attorney can assist you:

• Communicating with the Court: Your attorney will handle all communications with the court, including filing paperwork, attending hearings, and negotiating with prosecutors.
• Keeping You Updated: Even though you may be miles away, your attorney will ensure you stay informed about the progress of your case, providing updates after every court appearance or legal development.
• Handling Plea Negotiations: In many DUI cases, your attorney can negotiate a plea deal on your behalf, which could result in reduced charges or penalties. If a plea deal is reached, you may not need to return to California at all.

Why You Should Act Quickly After a DUI Arrest

Time is of the essence when dealing with a DUI charge, especially if you’re from out of state. One of the first steps is to ensure that your DMV hearing is requested within ten days of your arrest to avoid losing your driving privileges. Additionally, working with a skilled DUI attorney as soon as possible can help you build a strong defense and minimize the long-term impact of the DUI on your life.

If you’ve been arrested for a DUI while visiting California, you don’t have to face the legal process alone or remain in the state. An experienced DUI attorney can guide you through every step and manage much of the case on your behalf, allowing you to return home and continue with your life.

Contact an Experienced DUI Attorney for Help

If you’re dealing with an out-of-state DUI charge in California, don’t wait to get legal help. Contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation. Our experienced DUI attorneys will work to protect your driving privileges and handle your case remotely so you can get back home as soon as possible. Let us take the stress out of your situation and provide the defense you need to move forward.