Several drivers will be arrested in another state other than their home state for DUI. At that time, they are known as an out of state offender. The blood alcohol contents (BAC) limit is standard for all states because the Congressional highway funds set it at 0.08%. The difference lies in the charges for DUI by individual states.
For residents of CA, getting a DUI in another state is the same as getting a DUI in their home state. The host state will follow its own procedures while Orange County will apply its laws accordingly. DUI convictions are costly and multiple state charges will only make it tougher for the convicted drivers.
The arresting officer in California will conduct the necessary investigations and once proof of DUI is made, the driver is served with a ticket and a court summon. The driver then finds a competent DUI attorney in California before the actual court date. Several things may result from a conviction in the court. A likely one is being found innocent. After this, the driver is free to continue with normal life. However, this is rarely the case when a driver is being convicted after getting a DUI.
The driving license may be suspended by authorities in California in accordance to its laws if a driver is found to have over the limit BAC levels or refused to take the test all together. The authorities at DMV will report the suspension to the NDR Authorities in the driver’s home state. As a result, the license may also be suspended in the county/state. California will allow time to appeal this suspension, usually within ten days since the suspension. The suspension might not apply to the home state because not all states use the NDR records and do not subscribe to interstate driver’s license compact for sharing information on traffic violations. It gets worse when the driver has been arrested for DUI in their resident state. This will be treated as a second or subsequent offense while at the same time the host state (CA) will be treating it as a first time offense, if it is a first time.
Depending on the situation, the California court may fail to take away the out-of-state driving license but it will slap fines and jail time on the convicted driver. Consequently, the state will require the driver to attend AA classes. At this point, the home state may collaborate with California justice authorities so that the offender can attend the classes in either state.
The important thing to note is that punishments might be different in California from the convicted driver’s home state. The attorney will provide the right advice because they are experienced in matters concerned with getting a DUI in another state. The offender is advised to be alert and follow all the procedures to the letter so that the process is conducted smoothly. Failing to honor the criminal case requirements might lead to a warrant of arrest which further tarnishes the personal records, including insurance records and ruining future job placement opportunities.
About Guest Post Author:
Christopher J McCann is a California DUI lawyer with lots of experience on handling DUI cases. You can visit his website at cjmdefense.com for the details of his services and you can also follow his tweets at @CJM_Law_Firm to learn more about Drunk Driving laws.