OUT OF STATE DUI
Every year, millions of individuals visit California to take advantage of its mountains, beaches, cityscape, weather or hoping to catch sight of a celebrity. Because California is a popular destination for tourists and vacations can often involve substantial drinking, it is not uncommon for out of town residents to get slammed with DUI charges while visiting our state. “Come on vacation, leave on probation.” This is a common saying in many California communities to describe the state’s harsh enforcement of DUI laws
Although it may be an amusing rhyme, there is nothing funny about the numerous burdens and complications out of state drivers face. If you are a resident of another state and have been arrested for a DUI in California, you can face consequences in both California and your home state. Because all states have access to other states’ DMV records, you could end up losing your driving privileges in California and in your home state. While it is scary in any circumstance to be charged with DUI, it is especially alarming when you do not know the laws or court system of a state and when factors like money, your job and your family affect your ability to appear at court proceedings.
If you are a first time DUI offender, you are looking at penalties that involve a jail sentence between four days and six months, a fine between $1400 and $2600 and a license suspension from 30 days to 10 months. Securing aggressive and knowledgeable legal representation on your side, however, will go a long ways towards alleviating your fears.
Having a California licensed attorney on your side is essential, and with the Law Office of James Dunn, you can be confident that you will have an experienced attorney who is accomplished and highly regarded throughout the state. With the right legal representative on your side, you might even be able to secure a charge dismissal or reduction!
INTERSTATE DRIVER LICENSE COMPACT
The Driver License Compact, or DLC, is an interstate agreement to exchange information about license suspensions and traffic violations of non-residents to the state in which they live. The motto of the compact is, “One Driver, One License, One Record.” For out of state drivers arrested for a California DUI, this means that certain DUI penalties and consequences can follow them home. Only five states do not participate in the DLC – Georgia, Wisconsin, Massachusetts, Michigan and Tennessee.
DMV AND CRIMINAL PROCEEDINGS
As with any other alleged DUI offenders in California, out of state drivers will face separate proceedings with the California DMV and with a criminal court. For DMV hearings, drivers who do not request a hearing or who have their license suspension sustained will have their records sent to their home state. This can result in their state’s DMV imposing similar license suspensions, consequences and requirements that must be fulfilled to have a license reinstated. Out of state drivers do not have to be present at DMV Hearings if they have a California licensed attorney appear on their behalf.
In certain cases, a California licensed attorney can also make criminal court appearances on behalf of out of state drivers. Some judges may require a driver to be present in court, especially if the case reaches the trial phase. These criminal proceedings will determine the penalties for out of state offenders, including any community service, fines, probation or jail time, all of which can create numerous hassles and threats to your personal and financial well-being.
OUT OF STATE MULTIPLE OFFENSES
In many states, a prior DUI conviction can result in DUIs being charged as a multiple offense, which can lead to enhanced penalties. For example, if you were convicted of a DUI in your home state and received a California DUI, there is a significant chance that California prosecutors will push aggressively to charge you as a multiple offender. In addition to criminal penalties, your home state may also uphold or impose the harsher license restrictions. If you have a DUI conviction prior to being arrested for a DUI in California, it is highly advised that you bring your case to the attention of an attorney as soon as possible.
Receiving a DUI in any state can subject you to life changing consequences and penalties. Out of state DUIs can also impose a significant amount of headaches and hassles associated with the many legal procedures involved in your case. To protect your freedoms and be fully informed about what to expect in the days ahead, contact The Law Office of James Dunn immediately! Mr. Dunn can answer your questions concerning how to minimize the inconvenience of an out-of-state DUI and how to minimize the adverse effects of an out-of-state DUI charge. Don’t go through this alone; let us explain to you what to expect with regards to court appearances and other matters that apply to an out-of-state DUI case!
There could be many defenses available to you- for example, perhaps the officer did not have probably cause to pull you over, perhaps the officer did not administer the chemical tests properly or perhaps the test results were inaccurate (due to machine malfunction or a health condition). The Law Office of James Dunn will not rest until it has turned over every stone in order to build the strongest defense possible!
To find out what defense could best apply to your case and to take advantage of The Law Office of James Dunn’s free consultation offer for prospective clients, contact a San Mateo DUI defense attorney at the firm today! With more than 18 years of legal experience behind him and as a member of The California DUI Lawyer’s Association, Mr. Dunn has the knowledge, experience and resources you can rely upon.