Driving under the influence of alcohol (DUI) is a serious crime everywhere in the country but has particularly serious repercussions in California. If a person is an out-of-state driver who gets hit with a DUI while vacationing here, the consequences can be even harder. Read on to learn more. If you need to talk to an experienced criminal defense attorney who can help with California cases, reach out to Law Office of Michael L. Fell at (949) 585-9055.
Your Right to Drive in California Will be Suspended
When a resident of California gets a DUI, the officer takes their license and gives them a temporary license with a 30-day expiration. When the driver is from out of state, they can keep their license but their right to drive in California will expire in 30 days. As is true of an in-state driver, they will have ten days to challenge the suspension by requesting a DMV hearing.
Note that the request must be made within ten days – the hearing is likely to take months. The good news is that you do not have to be physically present. You may be able to have the hearing take place over the phone or we can appear on your behalf.
There Will Be Consequences in Your Home State
It is likely that your license will be suspended in your home state. Unless you live in Georgia, Tennessee, Wisconsin, Michigan, or Massachusetts, you live in a state that belongs to the Interstate Driver’s License Compact and all arrests for DUI will be reported to your home state. Your home state may then:
- Follow the action of the California DMV;
- Only punish you if your state’s laws are the same as California’s;
- Only take action if you are criminally convicted;
- Charge you as though you were arrested within your home state.
Though you need a California criminal defense attorney to handle your California DUI charges, you will need an attorney in your own state to handle the consequences within that state.
You May Be Required to Appear in California Court
Unlike a DMV hearing, you cannot have your court appearance over the phone. However, just like the DMV hearing, you may be able to have your attorney appear on your behalf – it will be up to the judge. At Law Office of Michael L. Fell we can make a strong case that it would cause serious difficulties for you to appear.
If the charges against you are reduced or dismissed, then there may be no further action. However, if you are convicted then you will have to fulfill the consequences of that conviction. That may include taking DUI classes in the state of California.
This is not a situation that is going to go away on its own. You need a qualified attorney who can help you find the best possible outcome. You have found that attorney in Law Office of Michael L. Fell. Call us now at (949) 585-9055 and request you free legal consultation.