Out-of-state drivers who are charged with drunk driving in California should have been issued a pink DMV Form DS-367 by the arresting police officer. For the most part, the process that follows for out-of-state drivers after a driving under the influence (DUI) arrest is much the same as it is for in-state drivers. Just like for in-state drivers, two separate cases are triggered — one with the California Department of Motor Vehicles (DMV) and one with the courts. Whether an in-state or out-of-state driver, you have only ten (10) days from which to request a hearing with the DMV or risk losing the right to drive in the state of California.
About the Interstate Driver's License Compact
While many out-of-state drivers may not be too concerned about losing California driving privileges, they should be. Because of the Interstate Driver's License Compact (IDLC), states share information with one another. This means that even though you are charged with drunk driving in California, your home state can become aware of the arrest and/or conviction and you could be penalized by your home state.
Whether a driver's home state will take action against an individual depends on the individual state. Some states do reciprocate any action that is taken by the state of California. For example, if the state of California suspends your driving privileges for six months, your driver's license will be suspended by your home state for six months. Some issuing states will even enhance the penalties that may be imposed by the state of California and require that the driver pay additional fines to them or impose other penalties. On the other hand, some states will take no action at all or will only act upon being notified of the court conviction. Each state is different and the action or inaction it takes differs from one to the next.
Fortunately for out-of-state drivers, communication between states is not always at its best and often the states fail to properly notify one another or else notification is never received. If the out-of-state driver's issuing state fails to take any action to rescind driving privileges, then the driver will still maintain a valid driver's license and will be allowed to continue to legally drive except in the State of California where the suspension occurred. Currently there are only six states that do not participate in the Interstate Driver's License Compact — Georgia, Massachusetts, Michigan, Tennessee, Wisconsin and Wyoming.
Help for Out-of-State Drivers
It is important, even for out-of-state drivers who are charged with an Alameda, California, DUI to seek the help of an experienced Alameda DUI attorney. There are a number of things that can occur that can result in some harsh consequences that can have an affect both personally and financially. While some courts will agree to waive incarceration in a California jail, others will insist on the out-of-state driver's incarceration.
As a leading Alameda DUI Law Firm, we can help to minimize the consequences that you face. Our highly-skilled Alameda DUI lawyers have handled many cases for out-of-state drivers. We offer free Alameda DUI case evaluations. Contact us today!