Out-of-State Drivers

Being arrested for DUI / DWI in California can be especially stressful if the driver is from out of state. Accused drunk drivers from states outside California often worry how they will manage court appearances and other aspects of a CA driving under the influence case. However, a skilled defense attorney can handle many aspects of a California drinking and driving arrest and put the accused motorist’s mind at ease. The knowledgeable DUI / DWI defense lawyers of The Kavinoky Law Firm are experienced in handling drunk driving cases for motorists licensed outside of California.

The most critical issue for any driver arrested for DUI / DWI in California is to request a DMV hearing immediately. Many drivers are unaware that they have only 10 days after a drunk driving arrest to request a hearing with the California Department of Motor Vehicles or have their driving privileges suspended. Although the California DMV can’t seize a driver’s license issued in another state – it is the property of the state that issued it – it can and will suspend the driver’s privileges within California, and may notify the licensing state of the arrest through the Interstate Driver’s License Compact.

The Interstate Driver’s License Compact is an agreement among 45 states to share information about driving-related offenses. Each state that is party to the compact may suspend, restrict, or revoke the state license belonging to the driver. The five states that do not belong to the compact are Georgia, Michigan, Tennessee, Massachusetts, and Wisconsin.

How the driver’s home state reacts to notification of a California DUI / DWI arrest will depend on the state. California and other states have administrative systems to address driving under the influence cases through a DMV hearing or similar procedures. Other states may take action only if notified of a drunk driving conviction in criminal court. A few states won’t take any action at all.

For drivers who live in other states, defending a California DUI / DWI arrest can be a challenge. However, drivers facing misdemeanor charges likely won’t need to be present for many court appearances – a skilled defense lawyer can represent the driver in court.

In some California DUI / DWI cases, out-of-state drivers may want to consider a carefully negotiated plea bargain if available. When a plea agreement provides some consideration for the defendant in the form of a reduced charge and/or sentence, it can be the best possible option for an out-of-state driver, because it brings the drunk driving case to an end and eliminates the need for any future court appearances.

Many out-of-state drivers fear that a California driving under the influence arrest will create a terrible impact on their lives, but it’s possible to reduce or even eliminate the consequences of a DUI / DWI arrest. The knowledgeable drunk driving defense lawyers of The Kavinoky Law Firm fight hard to protect the rights of out-of-state drivers charged with drinking and driving offenses. Contact them today for a free consultation.