If you were arrested for DUI while visiting California, you face the same DUI penalties as a state resident would. However, the process can be more complicated, and it will affect your right to drive in your home state (and nationwide). It’s very important to find a good Los Angeles DUI lawyer and fight your case.
There are two major parts to fighting your case: protecting your driver’s license from the California Department of Motor Vehicles (DMV) and defending against criminal charges. An experienced DUI lawyer in Los Angeles can safely guide you through the legal process and protect your rights.
Keeping Your Driver’s License
When a Californian is arrested for DUI, the DMV suspends their driver’s license before they even go to court. As an out-of-state driver, you face a similar process, but you have advantages and disadvantages compared to a local.
Here is how the process works:
- Upon arrest, police can take away a California driver’s license and replace it with a temporary license (valid for 30 days). They cannot take away an out-of-state driver’s license.
- Instead, police will warn you that your driving privilege in California will be suspended in 30 days. You get to keep your license.
- Your home state will be notified of your DUI charge. The DMV in your state may choose to suspend your license just like California would.
- Both residents and non-residents can fight the suspension. The process is the same for both. You have to file a request for a hearing with the DMV. You have only 10 days from the date of your arrest to file this request.
Requesting the DMV hearing gives you a huge advantage. The DMV may not be able to schedule a hearing for months and cannot take action against your license before then. By the date of the hearing, you may have already resolved your case in court, making the hearing moot. But if you miss the 10-day deadline, there is no do-over.
You do not have to be in California for the DMV hearing. Your California DUI attorney can handle the hearing for you.
Fighting the DUI Charge
The criminal process is completely separate from the DMV process. You will need to defend yourself against the DUI charge in the California court system. If you are convicted, you will face penalties based on California law.
Potential penalties for a DUI in Los Angeles include:
- Jail time
- Suspended driver’s license
- Mandatory DUI school
- Thousands of dollars in fines
If you’re convicted of your California DUI, you will likely face consequences in both states. California will expect you to carry out all aspects of your sentence, and your home state will cooperate. Your license will be suspended in your home state, and you will not be able to get it back until California confirms that you have met the conditions.
Common Defenses in a DUI Case
A DUI lawyer will build a strong defense for your DUI case by thoroughly examining all aspects of the arrest and the evidence against you. This begins with a detailed review of the police report, the circumstances of the traffic stop, and the administration of field sobriety tests or breathalyzer tests.
The lawyer will look for procedural errors, such as improper calibration of testing equipment or violations of your constitutional rights during the arrest. They may also gather and analyze evidence, such as video footage from the arrest or witness testimonies.
Furthermore, an experienced DUI attorney will leverage their knowledge of DUI laws and local court practices to challenge the prosecution’s case, negotiate plea deals, and seek to have the charges reduced or dismissed.
Do I Have to Be Present in California During the Proceedings?
You do not have to be present in California during most proceedings. If you were arrested for DUI in California but reside out of state, there is no need to be concerned about the necessity of being physically present for court proceedings.
For most aspects of your California DUI case, you do not have to be present, including:
- The DMV hearing. You can do this yourself by phone, but it’s better to have your lawyer attend in person. You do not have to go with your lawyer when they do this.
- Evidence collection. Your DUI attorney can gather evidence about your case without your presence.
- Initial court hearings. Generally, your lawyer can appear on your behalf at preliminary court hearings, such as the arraignment. However, if you don’t have a lawyer, you will need to appear in person at these hearings!
The most important thing a DUI lawyer does is put pressure on the prosecuting attorney to drop the charges or give you an out. Your lawyer does not need you present for this (in fact, defendants rarely are).
The only part of the process you need to attend is the trial. Your lawyer can request that you be excused from appearing, but this is not a good idea. Juries are more sympathetic when they can see the accused person. Fortunately, many California DUI cases are resolved without ever going to trial.
Should I Still Have a California DUI Attorney?
Yes, you should still have a California DUI lawyer if you were arrested for a DUI in California but are from a different state. Although you are not required to have legal representation, a DUI lawyer substantially improves the process for you when you are from out of state.
Working with a local Los Angeles DUI attorney has many benefits, such as:
- They can handle many aspects of your case, so you won’t have to travel back to California.
- They know how to negotiate a deal that favors you. This could mean not having to come to trial and getting reduced penalties. It could even mean having the charges dropped.
- They have extensive knowledge of California DUI laws and local court procedures.
- They can provide personalized legal advice and strategies tailored to your specific case.
- They can represent you in court appearances, potentially reducing the number of times you need to appear.
Your attorney must be licensed to practice law in the state of California. It’s best to look for attorneys locally. But the DUI legal community is very tight-knit. If you do need help with the process back in your home state, your California lawyer may be able to recommend a top local attorney in your area.
If You Were Arrested for a DUI in California but Are From Out of State, Call Lawyer
Being arrested for a DUI in California when you are from a different state can feel very confusing. Don’t face the legal aftermath alone; seek professional legal representation. An attorney will compassionately guide you through the next steps.
We can help you find a California DUI lawyer who has experience with out-of-state cases. We will match you to a top local attorney who offers a FREE consultation. Simply fill out the form to the right and get your free consultation. Contact us today.
