Issues at the California DMV for Out-of-State Drivers - DUI Law and Legal Information

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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. An experienced California DUI defense attorney can help accused motorists protect a driving privileges both in California and in the licensing state.

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.

Drivers fear that a California DUI arrest will create a terrible impact on their lives, but it’s possible to reduce the consequences of a drunk driving arrest. 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 California 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 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.