www.legallistings.us - LegalListings.us

Out of state DUIs: How are they handled?

Out of state DUIs: How are they handled?

The pan-nation acceptable blood alcohol level is 0.08%. Every state has different laws regarding DUI. In California, even if you get a DUI out of state, you are bound to lose some of the driving privileges you’d otherwise have. The reason is that California is part of the Interstate Drivers License Compact. What does that mean? It means that no matter the state, if you get that DUI citation, it’ll be ultimately processed by the California DMV, which means that you’ll be subject to the same penalties as you would be if you got your DUI in California.

The IDLC may be able to move an out of state DUI to the California DMV to deal with, but this will only happen if breaking the law in the given state has the same legal consequences as in California.

An example of this is in the case of Blood Alcohol Concentration (‘BAC’). The acceptable limit is different in different states for minors. Now if your BAC levels are above those in the state you’re in, but not so in California, the DUI that you get will not have an impact on you in California the way it would in the other state. After getting the DUI, the given state authority will inform California DMV, which will then decide on the consequences. Moreover, it is completely possible that your driving privileges could be suspended, this being dependent on the laws of the state in which you got the DUI.

Getting a DUI results in your name being entered into the National Driver Register, irrespective of the state in which you got the DUI. The Register maintains records of drivers that have committed offenses. This can be accessed by the DMVs of all the states, when they have to take decisions regarding people’s driving privileges. For example, hypothetically if you are in the process of applying for a driver’s license in Louisiana and you have a DUI in California, your request can be refused even if you’ve never driven in Louisiana.

Out of state DUI convictions or charges have an impact on you in California. Given the variation in laws pertaining to DUI, it’s best to consult with a DMV Hearing Expert or an attorney who works in that state. Irrespective of where you reside, the requirements for conviction that you need to meet are those of the state in which you were convicted.

If you intend to have a trial for your case, you might have to go back to that state for defending your case. It would be best to discuss the case with a DMV Administrative Advocate or an attorney specializing in DUI cases, before simply choosing to plead guilty to be allowed to return home. You will need to have this discussion in order to recognize whether you’ll be allowed to drive in California and how the out of state DUI will be part of your criminal record.  You may consider speaking to DMV experts in both states to comprehensively understand the repercussions of your DUI.

Article Tags, click any to see related articles:

About the Author:

California Drivers Advocates


Our team of professionals has been representing drivers at all forms of DMV hearings for decades.  Also, DMV Defense is the only thing that we do.  We know the process and we know what it takes to be successful at beating the DMV. We will examine documents, interview witnesses, and subpoena additional evidence; such as audio and video tapes.  We will subpoena breath testing logs and medical documents.  In some instances we may subpoena the police officer to appear for cross-examination.  It is our policy to prepare for and conduct your hearing similar to a “mini-trial.”   Trust our DMV Defense Experts to get the job done correctly.  A less experienced... View full business profile here: California Drivers Advocates





Comments, Thoughts & Responses