Defending Out-Of-State Drivers Charged With DUI

If you are licensed outside of California and arrested for suspicion of Driving Under the Influence while in California, it is imperative that you hire a Fresno DUI defense lawyer who understands the additional issues this may cause. Not only do you need an attorney who knows California law, but who also understands how a California DUI/DWI may affect your out-of-state license.

Put Experienced Counsel On Your Side

The the Law Office of Michael J. Aed in Fresno is experienced in representing DUI cases. Don't wait. Call us today to discuss your case at 559-495-9320.

Founding attorney Michael Aed defended the most difficult DUI cases for the Fresno Major Crimes Team. He thoroughly understands California DUI law and has handled countless cases involving out-of-state drivers. This experience is invaluable in assisting our clients with their DUI cases.

DUI Process And The Out-Of-State Driver

Law enforcement physically takes someone's California driver license whom they arrest for suspicion of driving under the influence. This is known as the stop and snatch law. The law enforcement officer then issues a temporary license valid for thirty days; it is a pink piece of paper. If the California driver does not request a hearing (Administrative Per Se Hearing) with the Department of Motor Vehicles within ten days of the arrest or DUI Citation their license will be suspended. At an APS hearing the DMV must prove that the arrest was lawful, there is reasonable suspicion that the driver was driving under the influence, and that the person's blood alcohol was .08% or more.

The length of the Administrative Per Se Department of Motor Vehicle suspension depends on whether or not the driver has any prior DUI's within ten years of the current arrest.

  • No Prior DUIs: four month license suspension (extended to six months if the driver applies and receives a restricted license after serving one month of suspension.)
  • One Prior DUI: two year license suspension. The driver is not eligible for a restricted license until serving one year of a license suspension.
  • Two Prior DUIs: three year license revocation. The driver is not eligible for a restricted license.
  • Three Prior DUIs: four year license revocation. The driver is not eligible for a restricted license.

Law enforcement is not allowed by California Law to snatch or take an out-of-state driver's license. However, do not think that you do not have to deal with the DMV. Also, do not think that your driver license is safe. If you are an out-of-state licensed driver and arrested for DUI in California you still have to deal with the California DMV and if you do not request an Administrative Per Se Hearing with the California DMV your privilege to drive in California will be suspended after thirty days. California will also notify your state's DMV office and they may suspend your license as well. Our firm can help you to try and save your license.

DUI Convictions In California Can Follow You Home

Forty-five States are part of the Interstate Drivers License Compact. It is an agreement between these states to share information about drivers and their driving record, including DUI citations or arrests, DUI convictions, license suspensions and much more. What does this mean?

If you have an out-of-state license and are convicted of DUI in California, your home state is supposed to honor the conviction and your home state will likely suspend your license as well. Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin are the ONLY states NOT members of the Interstate Drivers License Compact. Even though these five states are not part of the compact and have not agreed to honor out-of-state DUI convictions, they may. Don't think because you live in Georgia, Massachusetts, Michigan, Tennessee, Or Wisconsin your license is safe; your license may still be suspended.

The purpose of the National Driver Registration database is to share information on drivers who have committed an offense in a state other than where they are licensed to drive. Each member state's DMV verifies a person's driving record with the NDR each time they apply for a driver license.

The Drivers License Compact is an agreement between the member states to only consider one driving record per person. Your driving record follows the licensee from state to state as opposed to creating a new record if an out of state license is issued.

Non-Resident Violator Compact - Drivers License Compact
Non-ResidentEffective DateDriver LicenseEffective Date
AlaskaNot a MemberAlaska1986
CaliforniaNot a MemberCalifornia1963
District of Columbia1980District of Columbia1985
Georgia1980GeorgiaNot a Member
Massachusetts1987MassachusettsNot a Member
MichiganNot a MemberMichiganNot a Member
MontanaNot a MemberMontana1963
New Hampshire1982New Hampshire1986
New Jersey1983New Jersey1966
New Mexico1985New Mexico1963
New York1982New York1965
North Carolina1980North Carolina1993
North Dakota1980North Dakota1986
OregonNot a MemberOregon1963
Rhode Island1986Rhode Island1987
South Carolina1981South Carolina1987
South Dakota1980South Dakota1987
West Virginia1978West Virginia1972
WisconsinNot a MemberWisconsinNot a Member

Hire Legal Help To Save Your License

The Law Office of Michael J. Aed can fight aggressively to save your license and defend you in court. If you are an out-of-state resident charged with DUI in California, we will most likely be able to appear in court on your behalf. You may never have to go to court yourself. Do not plead guilty without first contacting a DUI attorney.

Contact us, if you have been arrested and charged with DUI in the Fresno area. Email us online, or call us to discuss your charges at 559-495-9320.