The Consequences of an Out of State DUI in California
California is home to many amazing cities, beautiful beaches and exciting tourist attractions. For these reasons, many people from out of state and of the country visit California each year. Sometimes, out-of-state guests enjoy their California vacation so much that they make the mistake of drinking and driving.
If you an out-of-state resident who is charged with DUI in California, you may think this won’t affect you at all in your home state. However, that would not be wise. The California DUI process can be confusing for those who don’t reside in the state, so it is important that you hire a California DUI attorney to help you navigate this legal process.
The Initial Charge
California Vehicle Code Section 23152 defines driving under the influence in California. A first-time DUI is typically charged as a misdemeanor, and carries a sentence of up to six months in county jail and fines of up to $2,000.
California drivers arrested for DUI will also have their driver’s license suspended or revoked. However, California law enforcement does not have the jurisdiction to take your license if you are from another state. Despite this, your driving privileges in California will be revoked.
If you are convicted of DUI in California, the DMV will notify your home state of your DUI conviction if that state is one of the 45 states that is part of the Interstate Driver License Compact. This means your home state could impose restrictions that will not be lifted until your California case has been resolved and any probationary requirements imposed by the court have been completed.
The Court Case
When you are charged with a DUI in California, you have two different cases. One involves your driving privileges with the DMV, and the other is your criminal case. If you are back in your home state when these cases move forward, that does not necessarily mean you have to be present in California.
The DMV hearing does not require you to be physically present, and can take place over the phone. You can also have your DUI defense lawyer appear on your behalf to argue that your license should not be suspended. While the criminal case cannot take place over the phone, your lawyer can appear on your behalf if you have been charged with a misdemeanor. Typically, a felony charge will require you to be physically present in court.
If your DUI case does not result in a conviction, your home state may not take any action against you. However, if you are convicted of DUI, you will need to return to California to complete your sentence.
Call the DUI Defense Attorneys at Wallin & Klarich Today
If you have been arrested for a DUI, you need to contact a skilled DUI defense attorney right away. At Wallin & Klarich, we have been successfully defending clients facing DUI charges for over 30 years. Let us help you now.
With offices in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, West Covina and Victorville, there is an experienced Wallin & Klarich attorney available near you no matter where you work or live.
Call us at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.