What You Should Know About Out-of-State DUI in California

 Posted on January 15, 2021 in DUI

There is little doubt that California, at least pre-COVID and also before the major, frequent fires, has always been the place to be when traveling within the U.S.—you might be there to check out Hollywood and all the stars, or you could be there to savor some lush libations in wine country throughout Napa. Whatever your reasons for traveling here as an out-of-state visitor, odds are you will probably need a car or a rental. Much of the most popular spots in California are not exactly within walking distance of wherever you might be. Residents know this—and have known this—for years. So if you do end up driving a lot while here as a nonresident, you should know that when it comes to a driving under the influence (DUI) charge, things can get complicated. Here is why. 

California Is Serious About Out-of-State DUI Due to Interstate Agreements

Do not think that being in a new place for a short while disqualifies you from severe consequences with regards to DUI charges; in fact, in California, out-of-state DUI is a serious offense that could result in major punishments in both California and your home state. The reason for this is mostly due to an interstate agreement about road safety:

The state of California is one of 45 states that agreed to join the Nonresidential Violator Compact, also known as the Interstate Driver’s License Compact or the IDLC, at least partially. This compact is a partnership between states across the nation to share all violation information from out-of-state residents with their fellow members of the compact. For many states, this includes minor traffic violations; for California, it is primarily for more serious dangers to safety like DUI. As such, if you are charged or convicted of DUI in California as a nonresident, you will face stiff penalties and consequences, both in California and your home state. The constant sharing of information between states with regards to this might actually make your case even more complicated, as the prosecution might discover a history of criminal activity, including prior DUIs.   

What to Know If You Are a Nonresident in California Accused of DUI

If you are accused of DUI while visiting California, there are some things you need to know about that you might need to deal with:

• The 10-Day Rule: If accused of DUI in California as a nonresident, you will have your license to drive in the state suspended in 30 days unless you request a DMV hearing to contest the suspension within 10 days of the arrest. Most lawyers agree doing so is a smart move.
• You do not necessarily have to be present for the proceedings: Unless you committed a felony through the course of your DUI as a nonresident, you will probably not be required to travel back to California for any proceedings; your lawyer can handle that.
• Every home state is different in dealing with your California DUI: Obviously, if your home state is not a partner in the compact, then you will face no consequences after dealing with California’s penalties. However, if your home state is one of the other 44 states in the compact, you could witness speedy charges or really slow charges. This is mostly because many states want to learn about your conviction in California (if there is one) before building their own case.

Contact a Napa Out-of-State DUI Defense Lawyer

If you or your friends or family are charged with nonresident DUI in California, you need to hire a knowledgeable Richmond County tourist DUI defense attorney who can help you strategize and properly prepare for the case. Attorney Paul Burglin has such knowledge. He will even easily be able to inform you about all the possible consequences you might face in your home state in addition to California itself. Contact Burglin Law Offices, P.C. at 415-729-7300 for a free, personalized consultation.

Sources:

https://www.dmv.ca.gov/portal/driver-education-and-safety/dmv-safety-guidelines-actions/driving-under-the-influence/statewide-ignition-interlock-device-pilot-program/termination-of-action-for-out-of-state-residents/

https://www.dmv.ca.gov/portal/driver-education-and-safety/dmv-safety-guidelines-actions/driving-under-the-influence/

https://legalbeagle.com/7480058-states-reciprocal-driving-laws.html