License Suspension For The Out-Of-State Driver

DUI Attorney in Orange County

When someone who resides in another state is arrested for DUI in Orange County, or anywhere in California for that matter, the arresting officer does NOT confiscate their driver’s license. Orange County DUI Lawyer know that because the license was issued by another state, the arresting officer has no authority to take it. However, they are still served with the pink DS367—Notice Of Suspension/Temporary License. Out-of-state drivers (or their Orange County DUI Attorneys) are also given 10 days to request an administrative  DMV hearing and failure to do so will result in an automatic administrative suspension 30 days after the arrest.

Orange County DUI lawyers know that 45 of the 50 states are party to the “Driver’s License Compact”, which is an agreement between the states whereby a conviction for DUI in a foreign state will trigger a driver’s license suspension in the home state. The DUI in the foreign state is typically treated by the home state as if it occurred in the home state. Thus, a first-offense DUI in California will trigger a first-offense suspension in the home state. So while a California first-offense suspension is 6 months, the suspension imposed by the home state may be longer or shorter, depending on how the home state treats a first-offense DUI. Furthermore, because the Driver’s License Compact only refers to “convictions”, the administrative suspension imposed by the California DMV may not trigger a suspension in the home state.

Even though the California courts allow an out-of-state driver to complete a comparable Alcohol program in their home state, the California DMV does not allow a driver to restore their privileges unless and until they complete an Alcohol program in California. However, the out-of-state driver can submit a petition to the DMV after the period of mandatory suspension or revocation has run asking the DMV to terminate the suspension or revocation. If the driver, or their DUI Lawyer in Orange County provides proof that the driver actually resides in another state the DMV will usually grant that petition. This will allow the out-of-state driver to apply for a driver’s license in their home state. This extremely unfair DMV policy of not recognizing out-of-state alcohol programs means that a driver will be unable to get a restricted license and shorten the period of suspension or revocation, even though they are attending a similar alcohol program in their home state.

If you are facing charges for DUI in California and would like to speak to an experienced Orange County DUI Attorney, call the Law Offices of EJ Stopyro today at (949) 559-5500. The telephonic consultation is free and confidential. Or visit our website at www.EJEsquire.com.

DUI Lawyer in Orange County