Driver's License Compact
Many drivers licensed in other states don't realize that a California DUI arrest can create consequences at both the California Department of Motor Vehicles and in their licensing state. The home state may learn of the arrest through the Interstate Driver's License Compact.
Although the California DMV cannot revoke an out-of-state license, because it is considered the property of another state, it can suspend a driver's privileges within the state as well as notify the licensing state. The driver's best option to avoid these repercussions is to fight suspension at the California DMV hearing. A skilled California criminal defense lawyer with DUI / DWI expertise will challenge the DMV's actions and improve a driver's chance of keeping his or her license.
The Interstate Driver's License Compact, or IDLC, is an interstate compact used by States of the United States to exchange information concerning license suspensions and traffic violations of non-residents and forward them to the state where they are licensed known as the home state. Its theme is One Driver, One License, One Record. The home state would treat the offense as if it had been committed at home, applying home state laws to the out-of-state offense. The action taken would include, but not be limited to, points assessed on a minor offense such as speeding and suspension of license or a major violation such as DUI / DWI.
All states are members except for Michigan, Wisconsin, Georgia, Tennessee (dropped out in 1997), and Massachusetts. Whether the remaining states will act after being notified of an arrest depends on the state.
Some states have an administrative system similar to California Administrative Per Se (APS) hearing, and may acknowledge an APS suspension even without a criminal court conviction. States without an administrative system may require a court conviction before they will take any action against a driver's privileges.
The action that will be taken also depends on the particular state. Some will duplicate the actions of the state where the arrest was made - for example, if California suspends a driver's privileges locally for four (4) months, the licensing state may suspend for the same length of time. Other states may impose an even greater suspension, or even require the payment of fines. Other states may be more lenient.
The best plan for out-of-state drivers who wish to protect their licenses after a California DUI arrest is to avoid having their driving privileges revoked by the California DMV. A California criminal defense attorney with experience defending DUI and DMV cases will provide information about the driver's home state licensing policies, and aggressively challenge a DMV hearing.
Note: Laws and legal procedures mentioned on "BayAreaDUIDefense.com" are constantly changing. As a result, any statute, law, or procedure may have changed may have changed as a result of recently enacted drunk driving laws, judicial court decisions, or California DMV license suspension rules, policies or procedures. Thus, the information provided here should not be relied upon as legal advice. To be certain, you should always obtain legal representation and advice from a California DUI defense attorney, or criminal defense lawyer with extensive, experience in California DUI Defense, who is familiar with the facts unique to your DUI case.
DLC1 - This is a list of states that belong to the Driver License Compact. An agreement between these states basically says you have only ONE drivers license record.
NRVC2 - This is a list of the Non Resident Violator Compact. A list of states that communicate with one another if you get a ticket out of your home state.
|Home Bay Area DUI DMV Hearing DUI Investigation About Our Firm Contact Us|
|© The Law Office of Robert Tayac :: All Rights Reserved :: Toll-Free Phone: (800) 901-1888
600 Montgomery Street, Suite 210 :: San Francisco, California 94111