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Out-of-State Drivers and California DUI Arrests

Process of Fighting California DUIWhen an out of state driver is arrested for driving under the influence of alcohol or drugs (DUI) in California, he or she will go through a similar criminal process as in-state drivers. Upon being charged with a DUI in violation of California Vehicle Code section 23152, an out-of-state driver must schedule an Administrative Per Se (APS) hearing with the California Department of Motor Vehicles (DMV) within ten (10) days of the arrest, including weekends and holidays, of his/her arrest. Failure to schedule an Administrative Per Se (APS) hearing with the DMV may result in the automatic suspension of the individual’s driving privileges in California.

California DMV Hearing

The DMV hearing may take place in person or over the phone. During an Administrative Per Se hearing, a California DMV employee will act as both the prosecutor and the judge. Several factors are important to address in an Administrative Per Se hearing when contesting the terms of driver’s license suspension, including, whether or not the arresting officer had probable cause for making the arrest, whether the arrest was properly executed, and whether or not the offender had a blood alcohol concentration of 0.08% or above.

In cases where the individual refused to submit to a chemical test, the DMV representative must determine if the person was properly informed of the fact that his or her license would automatically be suspended for failing to consent to the test.

In the event that driver loses Administrative Per Se hearing, the penalties issued in accordance with the DMV’s decision will be completely separate from any penalties which may be incurred during the course of the criminal DUI case.

Interstate Driver’s License Compact

Driver License Compact (DLC) is an interstate compact used by States of the United States to exchange information concerning license suspensions and traffic violations of non-residents and forward them to the state where they are licensed known as the home state. Its theme is One Driver, One License, One Record. The home state would treat the offense as if it had been committed at home, applying state laws to the out-of-state offense. The action taken would include, but not be limited to, points assessed on a minor offense such as speeding and suspension of license or a major violation such as DUI.

Contact Los Angeles Criminal Defense Attorney Online

The information on this Los Angeles Criminal Defense Attorney - Law Offices of Edward Shkolnikov website is for general information purposes only. The information on this website should not be taken as legal advice for any individual case or situation. The information on this website does not constitute an attorney-client relationship.

Los Angeles Criminal Defense Attorney - Law Offices of Edward Shkolnikov
13245 Riverside Dr., Suite 501, Sherman Oaks, CA 91423
Phone: 323.655.6005; Fax: 323.655.6030; Email: Attorney@Shkolnikovlaw.com

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