California DUI Penalties Likely to Follow Out-of-State Drivers Home

Each year, millions of people visit San Diego. Some travel to Southern California to visit its popular tourist attractions while others come here for business or to visit friends and family. Whatever the reason for the visit, it is important that travelers understand the importance of following California state laws while here, especially the state's drunk driving laws.

Many erroneously believe that they can simply go home after a California DUI arrest and forget the whole thing ever happened. Unfortunately for the majority of people, this is no longer true. Below you will find information on some of the basics of California DUI law and what an out-of-state driver can expect if charged with a DUI in California.

For more information on defending against one of these charges or how it may impact your driving privileges at home, contact an attorney experienced in handling DUI cases today.

Basics of California DUI Law
BAC Levels
-Like other states, it is illegal in California to operate a motor vehicle with a blood alcohol content of 0.08 percent or greater. This is known as a "per se" DUI.

-California also has a zero tolerance law for underage drivers. Thus, anyone under 21 who operates a motor vehicle with as little as a 0.01 BAC may be charged under different provisions. Even though not at a 0.08 BAC or above, or even under the influence of alcohol (a few sips of wine), a person under 21 can lose his license for a full year in his home state based upon California's action.

-Last, California imposes harsher penalties on drivers who have high BAC levels. Under current law, any driver with a BAC greater than 0.15 is subject to enhanced penalties.

Implied Consent Law
California also has an implied consent law. By virtue of holding driving privileges in the state, the driver already has consented to providing a breath or blood sample to determine BAC when pulled over on suspicion of DUI. Drivers who do not give their consent (called a "refusal") to the chemical test will be subject to greater penalties, including longer driver's license suspension periods for a year or more. Your state will probably honor California's action and suspend your license for that time period.

Criminal Penalties-First time offenders: Those convicted of their first DUI face a mandatory minimum of 48 hours in jail, but may be sentenced to a maximum of six months in jail; fines ranging between $390 and $1000, in addition to court costs and other fees. If probation is granted, some courts may not order custody. Other jurisdictions, however, even in the same county, may order custody for two days. Alcohol education programs start at 90 days and go upwards from there. A six month suspension may be reduced in some instances to one month with an additional six months restricted license for school and work.

-Second time offenders: Those who receive a second DUI conviction within 10 years of their first conviction face a mandatory minimum of 96 hours (four days) in jail, but may be sentenced up to a maximum of one year in jail; fines ranging between $390 and $1000, in addition to court costs and other fees.

-Third time offenders: Those who receive a third conviction within 10 years of their previous conviction face a mandatory minimum of 120 days in jail and may be sentenced up to a maximum of one year in jail; fines ranging between $390 and $1000, in addition to court costs and other fees.

Other penalties

Some of the other penalties drivers may face for a first or subsequent DUI conviction in California include:
-Driver's license suspension from six months to four years

-Probation from three to five years

-Installation of an ignition interlock device from one to three years

-Mandatory attendance in an alcohol or drug treatment and education program

-Additional penalties for refusing to take a chemical test to determine BAC

-Additional penalties, possibly state prison, if the driver caused serious bodily injury or death to another. If it is a second DUI and there is a death of another, the prosecutor may be able to file murder charges.

-Additional penalties if the driver had a child under 14 in the vehicle at the time of arrest or if the driver was speeding.

What Happens when an Out-of-State Driver is Arrested for DUI?
The DUI procedures are the same for all drivers, whether or not they are residents of California, except the police do not have the authority to seize a driver's license issued by another state at the time of the DUI arrest.

Once a person has been arrested for DUI, two separate proceedings will begin against them: an administrative procedure with the California Department of Motor Vehicles (DMV) and a criminal procedure in a California Superior Court.

DMV Proceedings

All drivers have 10 calendar days following their DUI arrest to request a hearing with the DMV. If the tenth day falls on a weekend or a holiday, the driver has until the next business day. The hearing will allow them to contest the suspension of their state driving privileges. It is in a driver's best interest to request the DMV hearing. Depending on the circumstances, the driver may be able to avoid losing his or her driving privileges or receive restricted driving privileges. DMV hearing defenses are very technical in nature. Attempting to represent yourself will put you at a disadvantage.

Out-of-state drivers do not have to be physically present at the DMV hearing. Their California-licensed attorney can appear on their behalf at the hearing. The hearing can be conducted over the telephone so the driver can take part in it.

If the hearing is not requested, then the DMV will suspend the offender's driving privileges 30 days after the arrest. If the driver is from another state, the DMV will send notice of the arrest and driving privileges suspension in California to the driver's home state's DMV. Depending on the state's law, the driver's home state then may take equivalent action against the driver to suspend his or her driving privileges.

Criminal Proceedings

In addition to the DMV proceeding, out-of-state drivers also will be subject to a criminal proceeding for their DUI charge. Generally, drivers who are not represented by retained attorneys will have to be present for the court proceedings. If represented, your attorney may make appearances without you under California Penal Code section 977.

However, if the case goes to trial, it is in the defendant's best interest to be present for the proceeding whether or not the judge makes it mandatory. This way, the defendant is present to testify on his behalf, to speak with the judge and to be present before the jury, all of which may help the defendant when it comes time to render a verdict, or for sentencing.

The criminal proceedings will determine which criminal penalties will be imposed against the defendant for the DUI charge, including jail time, fines, community service, probation, attendance in an alcohol or drug education and treatment program and use of an ignition interlock device.

Interstate Driver's License Compact (DLC)

Out-of-state drivers should not assume the consequences of a California DUI conviction will not follow them home. Under the Interstate Driver's License Compact, states have agreed to share driving arrests with one another. Only five states -- Georgia, Massachusetts, Michigan, Tennessee and Wisconsin -- currently are not party to the Compact.

Thus, a driver's home state may suspend his driving privileges and take other action against the driver based on an out-of-state DUI conviction. Out-of-state drivers convicted of a California DUI must comply with the court's order and fulfill all of the requirements of their sentences to have their driving privileges restored in California. This is necessary even if the driver never plans to come to California again because the driver's home state also may require the driver to complete the sentence in order to restore his driving privileges at home.

In many states, a DUI conviction in another state counts as a previous conviction under their own state laws. Thus, if a driver already has a DUI conviction in their home state and then receives a subsequent conviction for a DUI-related offense in California, the driver may be subject to much harsher penalties in their own state for having multiple DUI convictions.

Conclusion
An out-of-state DUI conviction can have a serious impact on your driving record and privileges at home. For more information on defending against a DUI charge, contact an experienced attorney today.

Article provided by Jerrold M. Bodow, Attorney at Law, A.P.L.C.
Visit us at http://www.attorneybodow.com/