Out Of State Driver DUI

Aggressive Criminal Defense Representation For Your Case
Call today to schedule a free initial consultation (559) 825-4600.

Being charged with a crime can be a stressful, worrisome dilemma. Your reputation, freedom and life are on the line. Having experienced and prepared legal counsel is essential to protecting your rights and your future.

Defending Out-Of-State Drivers Charged With DUI

If you are licensed outside of California and arrested for suspicion of Driving Under the Influence while in California, it is imperative that you hire a Fresno DUI defense lawyer who understands the additional issues this may cause. Not only do you need an attorney who knows California law, but who also understands how a California DUI/DWI may affect your out-of-state license.

Put Experienced Counsel On Your Side

The the Law Office of Michael J. Aed in Fresno is experienced in representing DUI cases. Don’t wait. Call us today to discuss your case at 559-825-4600.

Founding attorney Michael Aed defended the most difficult DUI cases for the Fresno Major Crimes Team. He thoroughly understands California DUI law and has handled countless cases involving out-of-state drivers. This experience is invaluable in assisting our clients with their DUI cases.

DUI Process And The Out-Of-State Driver

Law enforcement physically takes someone’s California driver license whom they arrest for suspicion of driving under the influence. This is known as the stop and snatch law. The law enforcement officer then issues a temporary license valid for thirty days; it is a pink piece of paper. If the California driver does not request a hearing (Administrative Per Se Hearing) with the Department of Motor Vehicles within ten days of the arrest or DUI Citation their license will be suspended. At an APS hearing the DMV must prove that the arrest was lawful, there is reasonable suspicion that the driver was driving under the influence, and that the person’s blood alcohol was .08% or more.

The length of the Administrative Per Se Department of Motor Vehicle suspension depends on whether or not the driver has any prior DUI’s within ten years of the current arrest.

  • No Prior DUIs: four month license suspension (extended to six months if the driver applies and receives a restricted license after serving one month of suspension.)
  • One Prior DUI: two year license suspension. The driver is not eligible for a restricted license until serving one year of a license suspension.
  • Two Prior DUIs: three year license revocation. The driver is not eligible for a restricted license.
  • Three Prior DUIs: four year license revocation. The driver is not eligible for a restricted license.

Law enforcement is not allowed by California Law to snatch or take an out-of-state driver’s license. However, do not think that you do not have to deal with the DMV. Also, do not think that your driver license is safe. If you are an out-of-state licensed driver and arrested for DUI in California you still have to deal with the California DMV and if you do not request an Administrative Per Se Hearing with the California DMV your privilege to drive in California will be suspended after thirty days. California will also notify your state’s DMV office and they may suspend your license as well. Our firm can help you to try and save your license.

DUI Convictions In California Can Follow You Home

Forty-five States are part of the Interstate Drivers License Compact. It is an agreement between these states to share information about drivers and their driving record, including DUI citations or arrests, DUI convictions, license suspensions and much more. What does this mean?

If you have an out-of-state license and are convicted of DUI in California, your home state is supposed to honor the conviction and your home state will likely suspend your license as well. Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin are the ONLY states NOT members of the Interstate Drivers License Compact. Even though these five states are not part of the compact and have not agreed to honor out-of-state DUI convictions, they may. Don’t think because you live in Georgia, Massachusetts, Michigan, Tennessee, Or Wisconsin your license is safe; your license may still be suspended.

The purpose of the National Driver Registration database is to share information on drivers who have committed an offense in a state other than where they are licensed to drive. Each member state’s DMV verifies a person’s driving record with the NDR each time they apply for a driver license.

The Drivers License Compact is an agreement between the member states to only consider one driving record per person. Your driving record follows the licensee from state to state as opposed to creating a new record if an out of state license is issued.

Non-Resident Violator Compact – Drivers License Compact
Non-Resident Effective Date Driver License Effective Date
Alabama 1981 Alabama 1966
Alaska Not a Member Alaska 1986
Arizona 1993 Arizona 1963
Arkansas 1986 Arkansas 1969
California Not a Member California 1963
Colorado 1982 Colorado 1965
Connecticut 1981 Connecticut 1993
Delaware 1979 Delaware 1964
District of Columbia 1980 District of Columbia 1985
Florida 1981 Florida 1967
Georgia 1980 Georgia Not a Member
Hawaii 1996 Hawaii 1971
Idaho 1992 Idaho 1963
Illinois 1984 Illinois 1963
Indiana 1980 Indiana 1967
Iowa 1980 Iowa 1965
Kansas 1983 Kansas 1965
Kentucky 1978 Kentucky 1996
Louisiana 1979 Louisiana 1968
Maine 1982 Maine 1963
Maryland 979 Maryland 1978
Massachusetts 1987 Massachusetts Not a Member
Michigan Not a Member Michigan Not a Member
Minnesota 1978 Minnesota 1990
Mississippi 1979 Mississippi 1962
Missouri 1980 Missouri 1985
Montana Not a Member Montana 1963
Nebraska 1982 Nebraska 1963
Nevada 1990 Nevada 1961
New Hampshire 1982 New Hampshire 1986
New Jersey 1983 New Jersey 1966
New Mexico 1985 New Mexico 1963
New York 1982 New York 1965
North Carolina 1980 North Carolina 1993
North Dakota 1980 North Dakota 1986
Ohio 1985 Ohio 1987
Oklahoma 1987 Oklahoma 1967
Oregon Not a Member Oregon 1963
Pennsylvania 1979 Pennsylvania 1994
Rhode Island 1986 Rhode Island 1987
South Carolina 1981 South Carolina 1987
South Dakota 1980 South Dakota 1987
Tennessee 1984 Tennessee ’65/’97
Texas 1982 Texas 1993
Utah 1985 Utah 1965
Vermont 1985 Vermont 1987
Virginia 1980 Virginia 1963
Washington 1993 Washington 1963
West Virginia 1978 West Virginia 1972
Wisconsin Not a Member Wisconsin Not a Member
Wyoming 1987 Wyoming 1987

Hire Legal Help To Save Your License

The Law Office of Michael J. Aed can fight aggressively to save your license and defend you in court. If you are an out-of-state resident charged with DUI in California, we will most likely be able to appear in court on your behalf. You may never have to go to court yourself. Do not plead guilty without first contacting a DUI attorney.

Contact us, if you have been arrested and charged with DUI in the Fresno area. Email us online, or call us to discuss your charges at 559-825-4600.

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Don't Wait To Seek Help ~ A Delay Can Mean A Loss Of Your Rights

From experience, we know that it is often the first actions that you choose to take that can significantly affect the outcome of your case. By consulting our legal team immediately, you not only get an attorney with extensive trial and courtroom experience, you get an investigator on your side, as well. You can rest assured that we will work hard to protect your rights.

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Get The Criminal Defense Legal Assistance You Need — Call Now

If you need legal guidance after an arrest or an accident, contact the Law Office of Michael J. Aed to schedule a consultation with our experienced attorney. Let us give you a voice in court, helping you to achieve an outcome you may not have received on your own.

Call us at (559) 825-4600, or send us a confidential email, at any time of day or night. If you are unable to meet with us in our Fresno office, we will come to your location. Spanish translation is available upon request.

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