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For out of state drivers visiting California, DUI laws remain the same. Drivers from other states are still subject to California DUI laws. When an out of state driver is arrested for DUI, he or she will go through a similar criminal process as in-state drivers. The process begins once the driver is arrested and law enforcement confiscates his or her driver’s license. Once the license is confiscated, the driver will be issued a temporary license that is valid for 30 days.
Scheduling a Hearing with the California DMV
Once charged with DUI, an out of state driver must schedule an Administrative hearing with the California Department of Motor Vehicles (DMV) within 10 days of his or her arrest. Failure to schedule a meeting with the DMV could result in the automatic suspension of the person’s California driving privileges.
California DMV Hearing
The DMV hearing may take place in person or over the phone. During the hearing, a DMV employee will act as the prosecutor and the judge. It is the DMV employee’s job to evaluate the offender’s case carefully. While evaluating the case, the DMV representative will determine several important factors, such as whether or not the officer had probable cause for making the arrest, whether or not the arrest was properly executed, and whether or not the offender had a BAC of 0.08% or higher.
In cases where the person refused to take a BAC test, the DMV representative must determine if the person was informed that his or her license would automatically be suspended for failing to consent to the test. The representative must also determine if the person actually refused to take the BAC test after being informed of the suspension.
Interstate Driver’s License Compact
The IDLC is an agreement between 45 states to communicate about driving-related crimes, including DUI crimes. Only Tennessee, Georgia, Wisconsin, Massachusetts, and Michigan are not part of the Interstate Driver’s License Compact. All other states have agreed to notify one another of any non-residential DUI convictions.
Marin County DUI Attorney
Attorney Robert Tayac has helped clients from all throughout Marin County combat their DUI charges with much success. Mr. Tayac is a reputable and understanding attorney, who is extremely knowledgeable when it comes to DUI law. Unlike other attorneys, Robert Tayac’s primary focus is DUI law. His years of DUI practice experience and winning track record speak for him.
As a well-qualified DUI Attorney, Mr. Tayac is dedicated to his clients’ needs and to producing outstanding results on their behalf. With professional DUI Attorney Robert Tayac on your side, your chances of successfully fighting your charges and avoiding a conviction in Marin County will greatly increase.
Contact the Law Office of Robert Tayac for your free case evaluation!
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