Orange County Out of State DUI Attorneys
Out of State Drunk Driving Arrest
Are you an out of state driver looking to beat an OC drunk driving charge? The attorneys at Law Office of Michael L. Guisti know the Orange County court system and the California DUI legal process.
Arrested for DUI When You Are In Orange County?
DMV hearings treat out-of-state drivers just like California drivers. After being arrested for DUI, the officer will give you notice that your privilege to drive in California will be suspended in 30 days. However, you only have 10 ten days from the day of your arrest to schedule your DMV hearing as they will IMMEDIATELY seek to suspend your driving privilege. Once a hearing is requested, your driving privilege suspension will be postponed pending the outcome of the hearing, which occurs months later.
Can I Drive Back Home After an Out of State DUI?
Once your license has been suspended in California, it is likely your driver's license in your home state will be suspended, as well—especially if the DMV does not find in your favor and/or you are found guilty of DUI by an Orange County court. The reason it will affect you at home is your state likely belongs to the Interstate Driver's License Compact (IDLC), which revolves around the idea that every driver in the country has a single driver's license and a single driving record regardless of what state the driver lives in. The only states not belonging to the IDLC is, Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin.
FAQ for California DUI Charges
Do I need to appear in court?
Driving back to Orange County to face a DUI charge can be stressful and time consuming; however, if the district attorney is charging you with misdemeanor DUI, it is possible that an experienced Orange County drunk driving attorney may be able to appear in court on your behalf. If your DUI charge goes to trial, it will be up to the judge to determine whether you must be present. While we understand it may be difficult having to come back to Orange County, we highly recommend that you appear for your trial as a jury is much more likely to convict you if they have not met and simply have not heard your side of the story directly from you.
What happens after court?
If you are successful in having your charges reduced or dismissed, your home state might not take any action, but if you are convicted, your privilege to drive in California will be suspended. Furthermore, your home state will likely impose penalties on your driver's license once you return home.
Now, if your home state decides to take action against your license, it can't be remedied until you fulfill your sentence, which means that you must complete jail time in California, complete all of your probation requirements, and paid up all fines imposed by the court. What those penalties your home state will impose varies depending on what state you live in. Some states will take action if the California DMV suspends your license—other states will only take action if you are convicted. Once your DUI sentence has passed Law Office of Michael L. Guisti will contact the court and DMV to reinstate your California driving privilege, and then your home state should lift any restrictions on your driver's license.
Don't Drive in California While Your License Is Suspended
Don't even think about driving in California while your driver's license is suspended as you will face additional criminal charges for "driving on a suspended license" under California Vehicle Code 14601. If caught the violation is "priorable," which means that your fines and jail time will automatically increase with each conviction, and it will also be reported to your home state under the IDLC.
Contact our OC out of state DUI lawyers today at (714) 530-9690 to schedule your free case evaluation and have your rights protected!
Whether you're facing a felony or a misdemeanor, don't risk a conviction. Act quickly to redeem your reputation and protect your record by consulting with our Orange County criminal defense lawyer. Call today to schedule your free consultation.