Out of State DUI — What You Need to Know

Police lights on police cruiser

As the holidays draw near, many individuals will travel out of or into California to visit their loved ones. Many of these celebrations or reunions involve food and drinks. If alcoholic beverages are served and someone chooses to get behind the wheel, they could face consequences from law enforcement. But what happens if you are stopped by law enforcement while you’re in a different state?

Accused in California?

If you are accused of driving under the influence (DUI), whether you’re in your home state or not, you will most likely face a punishment. If you are from out-of-state and accused of a DUI in California, law enforcement will automatically revoke your driving privileges in the state for 30 days. Additionally, you will have ten days to request a DMV hearing.

In California, a first-time DUI offense with no other enhancements (such as someone being injured because of a suspected DUI accident or if a child is in the car) will typically result in the following penalties:

  • 48 hours in jail (mandatory minimum);
  • Significant fines and court fees;
  • Probation between three to five years;
  • Driver’s license suspended for six months;
  • Driving education class focused on the dangers of drunk driving; and,
  • An Ignition Interlock Device installed in your vehicle for five months.

These specific consequences vary from state to state, but drivers must know that if they get charged with a DUI while out of their home state, they will most likely face penalties back home too.

Interstate Driver’s Compact

The Interstate Driver’s Compact states that your home state can take legal action against you if you are charged with a DUI out of your home state. Most states and the District of Columbia participate in this program. Only five states do not participate — Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin.

Charged with an Out of State DUI?

Whether you’re a resident of California or not, if you are in The Golden State and charged with a DUI, you need an experienced DUI attorney fighting for you. The dedicated team at The Law Offices of Kirk Tarman & Associates is ready to work on your case to get you the best possible outcome. Contact The Law Offices of Kirk Tarman & Associates online or by phone so we can start planning your defense. (909) 658-7341

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