Out of state drivers who have been arrested and charged for a DUI in Southern California face the same legal penalties as a driver licensed by the State of California. There are many steps involved in both the Court and DMV processes which can prove very challenging for out of state drivers; the special circumstances involved require the expertise of a competent Southern California DUIdefense attorney. Hiring a skilled defense Lawyer can help alleviate many of the challenges for out of state drivers.
In most DUI cases, the defense attorney can appear in Court on behalf of the client without the client ever having to be present in Court. Court cases can typically take anywhere from two months to one year to resolve. Court appearances are usually made one time per month. Having an experienced Southern California drunk driving attorney to appear on your behalf can save not only your personal time and emotional stress, but also thousands of dollars in travel expenses. The Court can require that out of state defendants serve any custody time associated with the offense in California. A skilled Southern California DWI attorney can work with the Court to request that the penalties associated with the offense be served in the defendant’s home state. California requires a mandatory alcohol education program to be attended by those convicted of aDUI in California. A competent DUIdefense attorney can work with the Court to allow you to attend a comparable alcohol program in your home state.
In California, driver’s license suspensions are handled through the Department of Motor Vehicles. If you have been arrested for a DUI in California, there are two potential license suspensions that you face. The first one is triggered by your arrest and will result in the loss of driving privileges in the State after 30 days from the date of your arrest. You have the right to fight this license suspension at an Administrative Per Se (APS) hearing. This hearing must be requested within 10 days of the date of arrest. A competent Southern California defense Lawyer will request this hearing on your behalf, in addition to discovery and a stay on the license suspension; thus, you will retain full driving privileges in the State up until the time a decision has been rendered on your hearing. Your Southern California DUI Lawyer can conduct this hearing on your behalf without you having to be present. If your testimony is required at the APS hearing, it can be arranged telephonically. The second license suspension is triggered by entering a guilty plea in Court to a DUI. Once the plea of guilty is entered, the Court sends an abstract to the DMV notifying it of the plea. Upon receipt of the abstract, the DMV will re-suspend your driving privileges in the State.
Many out of state drivers do not realize that the legal ramifications of the DUI arrest can follow them to their home state. Should you not appear in Court on your assigned Court date a warrant will be issued for your arrest. Any time you are present in the State of California, you could be arrested by a peace officer. Furthermore, should you travel internationally, upon returning to the United States the warrant can appear and you may be arrested by a peace officer upon re-entry into the United States. Additionally, loss of driving privileges in California can also result in a license suspension or revocation in your home state. It is vital you contact a reputable Southern California DUI Lawyer today to fight to protect your rights! (800) 805-8804
