DUI While on Vacation
If you are from out-of-state and got arrested for DUI while visiting California, you face the same legal and administrative consequences as a state resident would. However, the process can be more complex and it will also have an impact on your driving privileges in your home state.
First, your driving privileges in California will be suspended in 30 days. While you get to keep your license, your home state will be notified of your DUI charge. The DMV in your state may elect to suspend your license.
Fortunately, both residents and non-residents can fight the suspension since the process is the same for both. You have 10 days from the date of your DUI arrest to file a hearing request with the DMV.
Keep in mind, the DMV may not be able to schedule a hearing for months and cannot do anything against your license before then. So if you have already resolved your case in court before the date of the hearing, then the hearing is considered not necessary. So it is imperative that you do not miss the 10-day deadline.
Criminal Court Process
On the other hand, the criminal process is completely separate from the DMV process. You must defend yourself against the DUI charge in the California court system. If you are convicted, you will face California-based penalties, such as jail time, fines, and license suspension for a first-time offense. Additionally, you will face consequences in your home state as well.
How to Fight a California DUI
Luckily, you do not have to be present in California during most of the proceedings. This includes the DMV hearing, evidence collection, and initial court hearings. The only part of the process you need to attend is the trial.
Hiring a California DUI attorney improves your chances of obtaining the best results possible from your case. He or she can take care of several aspects of your case, so you do not have to travel back to California. He or she can investigate your case, examine the evidence, and develop an effective defense strategy to either have your charges reduced or your entire case dismissed.
At The Law Office of Brian C. Andritch, our Fresno criminal defense lawyer has help dismissed thousands of cases on behalf of his clients for more than 18 years. We have a thorough understanding of the California legal system to guide you through the complexities of your case. As a former prosecutor, our founding attorney can anticipate how the prosecution will approach your case, giving you an advantage in the courtroom.
For more information, contact us and request a free consultation today.