Special Problems at DMV for Out-of-State Drivers

Out-of-state drivers who are charged with driving under the influence of alcohol in California will face several issues with the criminal case and at the DMV hearing. At either the Department of Motor Vehicles hearing or at the criminal case, a driver may lose his or her driving privileges in California. A California DUI / DWI lawyer can handle both aspects of a drunk driving case and will work to limit the consequences of the driver's actions.

A person who is arrested on charges of driving under the influence or driving while intoxicated in California has 10 days from the date of arrest, including weekends and holidays, to request a DMV administrative per se (APS) hearing irrespective of where the motorist is licensed. If a hearing is not requested, the Department of Motor Vehicles will automatically suspend the motorist's driving privileges in the state of California. A conviction in the criminal case is not required for the DMV to suspend driving privileges or an in-state driver's licenses.

At a DMV Hearing, the judge must only establish by a preponderance of the evidence, that the arresting officer had reasonable suspicion the driver was under the influence or driving while intoxicated, that the arrest was lawful, and that the driver had a blood alcohol content (BAC) of .08 percent or greater. A conviction at the Department of Motor Vehicles hearing will not change according to the results of the criminal case.

Pursuant to the Interstate Driver's License Compact California will notify the driver's home state of any action taken against the driver. The compact is a way for 45 states to share information regarding driving related crimes. The driver's home state will then take the action it deems necessary. This may include a suspension of the driver's license. The five states abstaining from signing the IDLC are Wisconsin, Tennessee, Georgia, Massachusetts, and Michigan.

Once the DMV has been notified of an arrest for driving under the influence of alcohol in California, it will add the information regarding the offense to a driver's file. Then the process of suspending the individual's driving privileges will begin. A DMV file number is the driver's license number. An out-of-state licensee's file will include the out-of-state license number with an "X" which denotes that it is a non-California license. A qualified California DUI / DWI lawyer will be able to gain access to the driver's file when necessary.

Once the Department of Motor Vehicles has suspended the driving privileges of an out-of-state driver, California police will be able to identify the driver and the fact that he or she has had his or her California driving privileges suspended or revoked. A criminal defense attorney would advise the person whose driving privileges have been suspended to stay away from the driver's seat. A driver who drives in California while their California driving privileges are suspended will be cited or arrested for driving on a revoked, suspended or restricted driving privilege in California, even if the home state has not acted to suspend or restrict the driver's license.

An experienced California drunk driving lawyer will help to protect an accused DUI / DWI driver's driving privileges in California. Similarly, by defending the California case, they will be working to maintain the driver's license in the state where the license was issued.