Out of State Residents Charged With an Orange County DUI and Interstate Licensing:
Orange County law enforcement agencies have targeted it for heavier-than-normal DUI enforcement because of the variety of hotel and tourist activity. Whether you're visiting, vacationing, or conducting business, drinking and driving is a dangerous activity. The police routinely utilize DUI saturation patrols in order to catch drivers who have been drinking.
If you have received a misdemeanor DUI while visiting Orange County, you'll only have to return to California for an appearance in court if your case goes to trial. Those kinds of cases can be dealt with remotely; look at our “Client Access” link for more information about resolving your misdemeanor case through telephone, fax, email, or Dropbox.
Most states operate under the Driver License Compact, and this agreement requires a state to report any major traffic offense (especially DUI) to the driver's home state. It is then that home state’s responsibility to deal with the convicted driver under its own legal system. Since 2007, it is the further responsibility of each state to utilize the National Driver Registry and Problem Driver Pointer System (PDPS) when considering license applications or renewals.
In California, those convicted of a DUI are required by the DMV to complete an approved treatment program based on the number of prior convictions (including out-of-state convictions) and your blood alcohol level at the time of the incident. While most geographical considerations make this impossible for out-of-state residents, license suspensions can be avoided if the DMV is convinced to remove the person from the National Driver Registry and the right steps are taken during time in court.
Non-residents of California should be concerned with any action the DMV takes to restrict their driving rights, even beyond the Compact. They mistakenly assume that losing the right to drive in California won’t have any impact on their home state driving rights; however, any state that suspends a driver’s license is required to add that driver’s name to the National Driver Registry. A state’s DMV is then obligated to check the Registry and deny the application of any driver who has a suspension in another state. Fortunately, this can all be avoided if the legal team accounts for it when defending the DUI case.
By accessing the services of the National College for DUI Defense (NCDD), it is possible to find experienced legal professionals who specialize in DUI Defense. In addition to sponsoring the Interstate Driver’s License Project, the NCDD’s website includes a comprehensive list of its Regents, Founding Members, Sustaining Members and General Membership. They provide important information about DUI issues in every state, and they can help you save your license through excellent representation.
In addition to the other components of your defense, it is possible to challenge the validity of a DUI conviction in another state that may threaten your license. Proper legal representatives, like the DUI lawyers at the Law Office of Barry T. Simons, can issue this challenge by demonstrating that a DUI in one state isn’t necessarily equivalent to a DUI in California.
Even if California doesn't recognize a prior conviction in a different state, you must still work to avoid having your license suspended in your home state. Without an effective plan, your home state may consider the convictions in the two different states as grounds for suspension. We encourage you to contact the Law Office of Barry T. Simons to develop a defense strategy that takes into account this and every other relevant DUI issue.
Call (949) 497-1729 for a free consultation.
Phone: (949) 497-1729