Out-of-State Driver DUI Attorneys in Ventura
Are you an out-of-state driver facing allegations of drunk driving in Ventura? You may be subject to California DUI penalties and legal consequences from your home state. Our team of defense lawyers can help you avoid the inconvenience of an out-of-state DUI conviction. We have more than 50 years of legal experience, are passionate about criminal defense, and always provide our clients with the personalized care and attention to detail that they deserve.
DUI Arrests and DMV Hearings for Out-of-State Drivers
Even out-of-state drivers are subject to California DUI laws. According to California VC § 23152, operating a motor vehicle in California with a BAC that equals or exceeds .08% is illegal – even if your driver’s license is from another state.
In California, law enforcement issues a temporary driver’s license after DUI arrests. After the temporary license expires, the suspect’s driver’s license will be automatically suspended for 30 days. If you are not from California, law enforcement will notify you that your privilege to drive will be suspended in 30 days, unless you defend your driving privilege in a DMV hearing.
After an arrest, you only have ten days to schedule an administrative license hearing with the DMV. If you are an out-of-state driver and want to avoid a mandatory driver’s license suspension, you must schedule a California DMV hearing to discuss the status of your license. During the hearing, our out-of-state driver DUI lawyers can help you avoid a mandatory suspension. If you fail to request a hearing within ten days of your arrest, your license will be suspended on the 30th day following the arrest.
What Needs to Be Proven for the DMV to Suspend My Driving Privileges?
In order to suspend your driving privileges in California, the arresting officer must be able to demonstrate that you drove with a BAC of .08% or more; that you were arrested lawfully; and that the officer had reason to believe that you were under the influence of alcohol. Without these elements, the DMV cannot suspend your license. During the DMV hearing, our firm can help you avoid a suspension. Without an attorney, it may be difficult to establish your rights.
Can a California DUI Affect My Home State Driver’s License?
The Interstate Driver License Compact (IDLC) allows states within the United States to communicate with each other regarding traffic violations and license suspensions. In other words: a driver’s license suspension in California could cost your driving privileges in your home state as well. In short, the IDLC allows states to inform other motor vehicle departments of your traffic offenses – no matter where you are in the country.
The IDLC allows states to pass along information regarding DUI arrests, license suspension, and speeding tickets. Less significant offenses, such as tinted windows or parking infractions are usually not shared through the IDLC.
It’s important to note that the driver’s state cannot punish a driver for an out-of-state offense if the home state does not have a similar statute. For example, some states have “careless driving” statutes, whereas others do not.
Some states are not included in the IDLC, such as Nevada, Tennessee, Michigan, Massachusetts, Wisconsin, and Georgia. The IDLC legislation was repealed by Nevada in 2007. However, the state often conforms to the rules of the IDLC anyway. California is a member of the compact. Thus, a DUI arrest in Ventura could result in additional, out-of-state legal penalties as well.
How Does the California DUI Process Work for Out-of-State Drivers?
Regardless of where your driver’s license originated, a DUI arrest in California means that you will be subject to California DUI court proceedings. Court proceedings are completely separate from the DMV hearing. Unlike the DMV hearing, the court process is designed to determine whether or not you actually committed DUI.
If you live out of state, a defense lawyer may be able to appear in the California court on your behalf. Our skilled attorneys can help you obtain evidence, deal with court proceedings, and negotiate with prosecutors. Unlike a traditional DUI, out-of-state DUIs are not held in the driver’s residential state and can be difficult to attend. If your case moves to trial, the judge may determine that you must attend the court proceedings.
Why You Need Lessem, Newstat & Tooson, LLP On Your Side
A knowledgeable out-of-state DUI defense attorney can help you understand the process and, if necessary, attend court proceedings. Without an attorney, you may become overwhelmed and confused by the court process ahead. Every state has different DUI laws. After a DUI arrest, you need a lawyer to direct you through every step of your case.
Our team can help you understand your legal rights and options – even if you feel like the evidence isn’t in your favor.
Contact our out-of-state driver DUI lawyers today to start building your defense.