DUI & Out of State Licensed Drivers
O
ut of State drivers, or those holding a license to drive from an issuing State other than California, typically would not have had their drivers license confiscated when arrested for DUI in California. This is because the arresting police officer is not authorized to take action against legal documents issued outside of his or her jurisdiction. Police Officers may only execute and enforce power within the boundaries of the governing agency they serve.
In most California DUI cases involving an out of state driver, the California DMV will communicate the DUI violation with the out of State DMV of origin by means of the Interstate Driver's Compact, the Non Resident Violator Compact, and the National Driver Registry.
Because most States belong to at least one of these multi-state reciprocal information programs, it is imperative that you request a Hearing with the California DMV within ten days of your arrest to avoid losing your out of state driving privileges.
If you or your DUI Lawyer do not request a hearing within this ten day period, you will be forfeiting your right to challenge the DMV's case against you and be subjected to automatic license suspension of up to ten months or more, depending on whether your drunk driving related offense is considered first DUI offense and is being charged as a misdemeanor.
For a second or subsequent DUI charge violation the suspension period is longer and may require you to install and operate an ignition interlock device for several years upon driver's license reinstatement.
In the event you are convicted of DUI in a State other than where you are licensed to drive, it is the state with the harshest penalty laws that will determine your punishment and / or loss of driving privileges, as well as the term imposed.
Interstate DUI - Out of State Licensees
Out of state violations are governed by G.L. c. 90 § 22(c), which provides in relevant part as follows:If the registrar receives official notice...that a resident of the commonwealth or any person licensed to operate a motor vehicle under the provisions of this chapter has been convicted in another state or country of a motor vehicle violation, the registrar shall give the same effect to said conviction for the purposes of suspension, revocation, limitation or reinstatement of the right to operate a motor vehicle, as if said violation had occurred in the commonwealth...
...If the registrar receives official notice...that a resident of the commonwealth, or any person licensed to operate a motor vehicle under the provisions of chapter 90, or any applicant therefor has had a license or right to operate suspended or revoked in another state, country or jurisdiction, the registrar shall not issue a license to said person, and if a license has already been issued the registrar shall immediately revoke said license, without a prior hearing. However, if said license or right to operate is subsequently reinstated by such other state, country or jurisdiction, the person may apply to the registrar for reinstatement of said license in the commonwealth.
G. Cole Casey is THE top DUI Defense Lawyer in San Diego County. His practice is dedicated exclusively to the defense of persons charged with DUI, DWI and Drunk Driving in Southern California.
Call us twenty-four hours a day at 619.237.0384 or send us an email now to discuss an aggressive and legitimate defense strategy for your DUI case.