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Out of State Drivers DUI

Arrested for DUI?

Have you been pulled over or arrested for DUI while out of town on business or vacation in California? The impact of a DUI on your out of state driver's license can be severe, which is why speaking with a DUI defense lawyer is important. At Second Chances Law Group, we have 15 years of experience and are highly knowledgeable and experienced at handling all different types of DUI cases, including out of state cases.

If the police arrest you in California for having been driving with a blood alcohol concentration (BAC) of 0.08% or greater, the arresting police officer will do one of two things, contingent on the place of your domicile:

  • If you are a resident of California, the arresting police officer will confiscate your California driver's license and substitute it with a temporary license. The temporary license expires in 30 days. At the end of the 30 days, your license suspension will go into effect.
  • If you happen to be an out-of-state driver, the arresting officer will give provide you with a notice that your privilege to drive in the State of California will be suspended in 30 days.

Once the cop either seizes your license outright or notifies you that your privilege to drive in this state will be suspended, the California Department of Motor Vehicles (DMV) is notified forthwith. You then have 10 days from the date on which you were arrested to dispute that suspension.

Challenging Your License Suspension

In order to challenge that suspension, you (or your DUI defense lawyers) must issue a request for a
California DMV hearing. This right is available to you irrespective of the place of your residence. The reason
for the equal availability of this procedure to both in-state and out of state drivers who are arrested for California DUI is that both processed in the same manner. If you do not put in a timely request to the DMV for a hearing, you automatically forfeit your right challenge the suspension of your license.

In order for the DMV to suspend your California driving privilege, it must prove the following elements:

  • The police officer harbored a reasonable belief that you were driving under the influence (DUI) of alcohol and/or drugs
  • The police officer lawfully arrested you
  • Your blood alcohol concentration (BAC) was 0.08% or greater at the time that you were driving

Hire a DUI Defense Lawyer

If you or loved one is being prosecuted for DUI and you are an out of state resident and need to hire a criminal defense lawyer to represent you, we invite you to contact us today.

We are here for you when you need us, call us now at (626) 827-7222 for a free consultation.

Get in Touch with Second Chances Law Group

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