DUI Attorney Anaheim
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OUT OF STATE RESIDENTS
 

OUT-OF-STATE RESIDENTS OR LICENSEES

 

Orange County, California can be a dangerous place to visit and/or conduct business if you drink and drive. Law enforcement has prioritized DUI enforcement and often patrol hotel and tourist corridors.

 

If you are charged with a Misdemeanor only, you will not be required to return to California for your Court appearances unless your case needs to go to trial. We are accustomed to dealing with these types of cases via phone, fax, and e-mail.

Under the Driver's License Compact, member States must communicate the fact of a conviction for DUI to the "Home State". The "Home State" then takes action against the license under its own laws. Forty-five States are currently members of the Interstate Compact.

If you are convicted in California, the DMV requires that you complete a California DMV approved alcohol treatment program based on your blood alcohol level and the number of prior convictions. Out of State convictions count. Under all but a few geographical exceptions, this will be impossible for an out of State resident to do. Suspension can however be avoided if proper steps are taken in the Courtroom and with the DMV.

In addition to the Compact, non-residents need to be concerned with the impact of any action taken by the DMV in California against their right to drive in California. Many out-of-state residents mistakenly assume that their license will remain valid in their home State even if they lose their right to drive in California for 4 months. Under the registry, (All 50 States) any State that suspends your license must input the suspension into the Registry's computer databank. Every member State is required to check the registry's databank whenever a person seeks to have his license renewed or applies for a new license, and are required to deny the license if there is an out of state suspension.

These consequences can be avoided in many cases but they MUST be considered in every case dealing with an out-of-state licensee.

You can find qualified highly experienced lawyers who specialize in DUI defense from every state in the United States through the National College for DUI Defense. Their website maintains a list of its Regents, Founding Members, Sustaining Members and General Membership as well as hosting the Interstate Drivers License Project which includes important information on DUI in each and every state in the nation. Quality representation by competent specialists can help you save your license at home.

If you have a prior conviction for DUI from another state, you may be able to challenge its use against you in California if it can be shown to not be equivalent to a DUI in California. Out-of-state priors can be challenged by effective legal representation.

If you have an out-of-state prior which California does not pursue, you still must have an effective plan to avoid license suspension in your home state, which will try to suspend your license as a multiple offender.

 

Call (949) 497-1729 for a free consultation.