California DUI’s and Drivers with out of State Licenses By Daniel Smith

If you are arrested for a DUI in California and you hold an out of state driver’s license, your driving privileges will be affected in the state of California and they may be affected in the state which you hold your license.

If you are arrested for driving with a blood alcohol concentration of 0.08% or higher in California an Officer will confiscate your drivers license and give you an “Ad Min Per Se” a pink slip of paper that will serve as your temporary license within the state of California. This license will expire 30 days after your arrest as will your privileges to drive within the state of California.

Once your license has been seized you or your attorney, have ten (10) days in which to request a DMV hearing. A DMV hearing serves to postpone your suspension until the result of the hearings are decided and allows for you or your attorney to argue at a hearing to save your driving privileges.

If you prevail at a DMV hearing your rights to drive in the State of California will be reinstated. If you do not prevail at your DMV hearing your right to drive within California will be suspended. The time of suspension depends on the existence of any prior DUI violations. A 1st time DUI normally carries a 4 month suspension which, may be converted to a restricted rivers license after 30 days if all criteria are met.

Your driving privileges may be suspended in the state which you hold your divers license if the California DMV notifies your home state of the suspension. The action taken will depend on your home state.

If you have questions about the DMV process for a DUI received with an out of state drivers license, please contact our office for a free consultation with an experienced attorney at (619)258-8888.